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(영문) 서울동부지방법원 2017.09.08 2017고단2515
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 January 18, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), a fine of one million won for a crime of violating the Road Traffic Act at the Chuncheon District Court on March 16, 2010, and a fine of five million won for a crime of violating the Road Traffic Act at the Seoul East District Court on September 11, 2014, respectively.

On June 6, 2017, around 23:20, the Defendant driven Cran-car in a state of under the influence of alcohol content of 0.138% while under the influence of alcohol at approximately 500 meters from the 3rd road of Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul Metropolitan Government to the leisure distance of 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a written inquiry, such as inquiry about criminal history, and other Acts and subordinate 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. A consensus has already been formed on Article 62(1) of the Criminal Act on the suspension of execution (the harm caused by drinking driving is known to anyone and must be punished by a strict punishment).

Nevertheless, in that the defendant repeats the crime, it is not suitable to commit the crime.

At the time of the instant driving, the amount of alcohol concentration is also high.

Provided, That consideration, such as the confession and reflect of the defendant, the fact that there is no previous conviction subject to more severe punishment than the fine, and the fact that social ties is obvious)

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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