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(영문) 서울북부지방법원 2017.08.24 2017고단2321

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 21, 2017, at around 03:06, the Defendant driven Cma business cars under the influence of alcohol of about 8km from around 58km to 101, Seoul Dongdaemun-gu, Seoul, 38-57, to the 57 neighboring road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the Defendant had been punished twice due to drinking alcohol driving in the past, and again commits the instant crime, considering the fact that the amount of alcohol concentration in blood during the instant crime is relatively high at the time of the instant crime, a punishment shall be determined by considering the favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects the mistake.