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(영문) 서울서부지방법원 2017.11.30 2017고단2477
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

On September 11, 2014, the Defendant received a summary order of KRW 1,000,000 from the Seoul Southern District Court due to a crime of violating the Road Traffic Act (drinking driving), and on June 29, 2016, the Defendant received a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking driving) from the Ulsan District Court.

On August 4, 2017, the Defendant driven BM520 automobiles under the influence of alcohol concentration of about 0.130% in the section of approximately 400 meters from the public parking lot in front of the Southern-si, Ansan-si, the Hanyang-si, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu.

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, and application of Acts and subordinate statutes on investigation reports;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant had been punished twice due to drinking within the last three years, such as before the defendant stated in the judgment, and once again drives drinking without any particular warning, the defendant's driving level is heavy, and that the defendant has a record of punishment for driving without a license in addition to drinking.

However, the defendant reflects the crime of this case, the distance of the defendant's driving is relatively short, and the defendant does not have any punishment heavier than the fine due to traffic-related crimes, and the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by the sentence in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the

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