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(영문) 서울북부지방법원 2017.09.14 2017고단2809
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 March 23, 2017, around 05:38, the Defendant driven CK5 vehicle under the influence of alcohol with about 50 meters alcohol concentration of 0.215% from the section of approximately 50 meters in blood, from the section of the 87-ro 3rd of the same Dobong-ro, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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

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. The circumstances, such as an order to attend a lecture or an order to attend a community service, despite the reason for sentencing under Article 62-2 of the Criminal Act, again, leading to the instant crime, such as the fact that drinking is highly high, causing traffic accidents, the fact that there is no punishment exceeding a fine, and the fact that it is against the law, etc.

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