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(영문) 서울남부지방법원 2018.01.18 2017고단5421

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2017, at around 09:05, the Defendant driven B, under the influence of alcohol concentration of approximately 0.074% from the 10km section from the front of the 15-lane, Geumcheon-gu Seoul, Geumcheon-gu, Geumcheon-gu, Seoul, to the front road of the Sinungsan-dong, Sinung-si, the Defendant driven B, while under the influence of alcohol concentration of about 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the place where the occurrence of the case is arrested, the statement of the situation of the driver of the vehicle and drinking measurement;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there are three times the same criminal records and three times for the reason of sentencing under Article 62-2 of the Criminal Act, and, in particular, even if a summary order of a fine of two million won due to driving under drinking on June 2017 was issued, the recidivism was made, taking into account the Defendant’s character and behavior, environment, driving distance, the degree of alcohol concentration in the blood, circumstances after the crime, etc.