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(영문) 서울북부지방법원 2017.08.31 2017고단2724

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 January 15, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Seoul Central District Court, and a summary order of KRW 2.5 million as a fine in the same court on July 8, 2013, respectively.

Although Defendant had been punished twice due to drinking driving as above, Defendant 1 driven B-low-income cars at approximately 3 km from the 12th Do in Seongbuk-gu, Seongbuk-gu, Seoul to the road front of the same Gu, while under the influence of alcohol content of 0.171% at around 23:45 on June 21, 2017, while under the influence of alcohol content at around 0.171%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44-2 (1) of the same Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service, despite the possible history of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, again leading to the instant crime, there is no criminal punishment exceeding a fine, and the fact that