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(영문) 서울북부지방법원 2017.08.24 2017고단1874
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 August 31, 2007, the Defendant was issued a summary order of KRW 1,50,000 by the Seoul Western District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on August 27, 2015, the Incheon District Court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act.

Although the Defendant had had a history of driving alcohol twice or more as above, around April 24, 2017, around 03:58, at around the nearest road in the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, the Defendant was under the influence of alcohol level of 0.196% during blood alcohol level to the front road of the flow bridge located in the area of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to drive a XG car.

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, investigation report (Attachment to the same criminal record and summary order);

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished twice due to drinking alcohol driving in the past, and again commits the instant crime, considering the unfavorable circumstances, such as the fact that the amount of alcohol concentration in the blood during the instant crime is very high to 0.196% at the time of the instant crime, and the Defendant recognized the instant crime and against the mistake, and that the Defendant has no record of punishment exceeding the previous fine, etc., a punishment shall be determined by considering the favorable circumstances.

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