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(영문) 서울서부지방법원 2017.09.28 2017고단2032
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

On August 25, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court on August 25, 2014, and a fine of KRW 2.5 million on March 13, 2009 at the Seoul Western District Court on March 13, 2009, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act

On July 5, 2017, while under the influence of alcohol level of 0.245% among blood transfusion around 02:30, the Defendant driven a B-Won car from the front of Mapo-gu Seoul Mapo-ro 29-ro 26 Round-ro 29-ro 29-ro 1, the same Gu-ro 29-ro 5 coffee 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of inquiry letter, such as criminal history, and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has served seven times for the same kind of crime, one time for the refusal of measurement of drinking, one time for driving without a license, and other traffic-related crimes, and the total amount of nine times of fines for the same crime, the amount of drinking of this case is considerably high - the recognition of mistake and reflects, and there is no record of criminal punishment exceeding fines.

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