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(영문) 서울서부지방법원 2017.07.20 2017고단1420
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[Criminal Records] The defendant 2010

6. On November 4, 2014, the Seoul Western District Court issued a summary order of KRW 2,00,000 as a crime of violating road traffic law (dacting driving), and on November 4, 2014, the Seoul Western District Court (hereinafter “Seoul Southern District Court”) issued a summary order of KRW 7,00,000 as a crime of violating road traffic law (dacting driving).

[2] On April 5, 2017, around 03:10 on the road near Mapo-gu Seoul Metropolitan Government on April 5, 2017, the Defendant driven a F Karen car with alcohol content of about 0.124% under the influence of alcohol from approximately 4km to the upper lap road.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Records of judgment: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to summary orders), and summary orders and regulations;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- The criminal act of this case has been committed three times or more, which has been punished for the same criminal act;

- The fact that there is no criminal history exceeding the fine, and the defendant acknowledges his mistake.

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