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(영문) 서울북부지방법원 2018.02.22 2018고단61
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 November 26, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court (drinking driving) and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Port Support on April 16, 2013.

On December 3, 2017, around 08:25, the Defendant driven a DMW car owned by himself under the influence of alcohol concentration of 0.097% in blood in front of Nowon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, making an explanation about the details of crackdown, and making an inquiry about the control of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant again committed the instant crime even though he had the history of having been punished several times due to driving without a license for drinking alcohol; and (b) the fact that the amount of alcohol concentration among bloods at the time of the instant case is relatively high; and (c) the Defendant recognized the instant crime and commits the instant crime against the mistake; and (d) the Defendant did not have the history of having been punished in excess of the past fine, considering the favorable circumstances,

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