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(영문) 서울서부지방법원 2017.09.14 2017고단1869
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

In the indictment of September 19, 2008, the Defendant appears to have been issued a summary order of KRW 1.5 million in the Seoul Western District Court on September 17, 2008 due to the crime of violating the Road Traffic Act (driving) at the Seoul Western District Court. On February 18, 2013, the phrase " February 28, 2013" in the indictment of February 18, 2013 is deemed to be a clerical error, and the Defendant received a summary order of KRW 4 million in the same court, which received a fine of KRW 4 million due to a crime of violating the Road Traffic Act (driving) and received two times the same power.

On June 16, 2017, at around 04:40, the Defendant driven B-car under the influence of alcohol content of 0.112% from the parking lot for the Gansung Hospital located in Eunpyeong-gu, Seoul to the unification of Eunpyeong-gu, Seoul to approximately 1.7km from around 1030 to the unification of Eunpyeong-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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. Records of judgment: References to inquiries, such as criminal history, investigation reports (verification of the same kind of force), and application of each summary order text;

1. Relevant legal provisions and Articles 148-2 (1) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the same sentence as the order shall be determined in consideration of various kinds of conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc.

- The fact that he/she commits the instant crime even though he/she has had a history of criminal punishment twice due to drinking driving, or again commits the instant crime - there is no history of criminal punishment exceeding the fine, and that the Defendant acknowledges his

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