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(영문) 서울동부지방법원 2017.09.20 2017고단2606
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on June 22, 2006, and on November 21, 2007, the Defendant was punished on two or more occasions due to drinking, such as receiving a summary order of KRW 1 million as the same crime from the same court.

Nevertheless, on August 13, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 0.123% alcohol concentration from around 06:20 to around 52, 2017, from around 06:20 to around 06:50 to the 52-day high-speed road in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (C);

1. A report on the detection of a primary driver and a report on the circumstances of the primary 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.

However, considering the fact that the defendant confessions and reflects, there is no previous conviction subject to heavy punishment exceeding the fine, social ties relations is clear, and there is a child to support.

1. An order to attend a course under Article 62-2 of the Criminal Act;

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