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(영문) 서울북부지방법원 2017.11.16 2017고단3971
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 November 7, 201, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court on December 22, 201, and the said summary order became final and conclusive on December 22, 200 of the same year, and on February 19, 2014, the Defendant issued a summary order of KRW 5 million by the same court as a violation of the Road Traffic Act (drinking driving) at the same court

3. 14. A person who has violated Article 44(1) of the Road Traffic Act two or more times, such as a final and conclusive summary order.

On September 4, 2017, around 22:25, the Defendant driven a car at C Spanpo site under the influence of alcohol content of 0.109% while under the influence of alcohol content 0.109% from the flusium in Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the flusium in the first apartment flusium in the same Gu’s children.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished three times due to drinking alcohol driving in the past, and again commits the instant crime, considering the circumstances unfavorable to the Defendant, such as the fact that the amount of alcohol concentration in blood during the instant crime is very high, and the Defendant recognized the instant crime and reflects the mistake, and that there is a family member to support the Defendant.

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