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(영문) 서울서부지방법원 2017.10.31 2017고단1940
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 history] On April 28, 2014, the Defendant was issued a summary order of KRW 3,000,000 by the Seoul Western District Court as a crime of violating the Road Traffic Act. On June 17, 2015, the Seoul Western District Court was sentenced to a suspended sentence of one-year imprisonment with labor for a violation of the Game Industry Promotion Act and a violation of the Road Traffic Act.

[2] On April 20, 2017, around 04:37, the Defendant driven a coo car in E in the state of alcohol alcohol content of about 0.109% from the road in front of the Defendant’s residence in Eunpyeong-gu Seoul Metropolitan Government D to the road in approximately 2km-ro, Eunpyeong-gu, Seoul.

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, a summary order, and the provisions of two copies of the judgment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sexual conduct, motive for committing a crime, circumstances after committing a crime, and criminal records, etc., the punishment as ordered by Article 51 of the Criminal Act shall be determined by taking into account the conditions of sentencing under Article 51 of the Criminal Act.

- Unfavorable circumstances - The degree of body and driving of a person is different, but drinking is likely to lead to traffic accidents in case of drinking by affecting people's physical ability, and the risk of recidivism is high.

Article 148-2 of the Road Traffic Act, amended by Act No. 10790 on June 8, 201, stipulates the punishment standards for drinking driving in accordance with the frequency of drinking driving and the number of alcohol concentration in blood for the purpose of preventing the driving of drinking that threatens the safety of traffic on the road and ensuring the awareness of the driving of drinking.

- The Defendant is driving under drinking, including the previous conviction in the judgment.

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