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(영문) 서울서부지방법원 2018.01.18 2017고단3187
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2013, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the part of June 21, 2013, and on October 10, 2013, the Defendant received a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on the part of Seoul Northern District Court on the part of two times or more.

In the facts charged, the Seoul Western District Court stated on January 19, 2015 that the summary order of a fine of KRW 2 million for violating the Road Traffic Act (drinking driving) is “a person who has a previous conviction of the same kind as this case more than once,” but in light of the evidence records, etc., this is obvious that it is a clerical error and does not cause a substantial disadvantage to the defendant’s exercise of his/her right to defense, and thus, it is recognized ex officio.

On September 24, 2017, at around 03:26, the Defendant driven a G Spo-type car in the state of alcohol with a 0.120% alcohol concentration among blood 0.120% from the G Spo-type road at approximately 800 meters prior to the present elementary school, which will be under the joint signature of Eunpyeong-gu Seoul Metropolitan Government 29:31,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order for drinking driving) by statutes;

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. In full view of the reasons for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, are determined as follows.

Although the defendant had been punished twice due to drinking driving, he/she commits another crime of drinking driving, and the alcohol concentration in the blood of this case is relatively high to 0.120% (Provided, That the defendant's person is the defendant.

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