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(영문) 서울북부지방법원 2017.12.07 2017고단4326
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2017, at around 04:33, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.223% in the 7km section from the flive road of Jongno-gu Seoul Metropolitan Government to the 14-lane, as Seoul Dongdaemun-gu, to the two-way roads.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 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. Taking into account the circumstances, such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a single driving force, the higher drinking level, the short driving distance of drinking, the absence of criminal punishment exceeding the fine, the family members to support, and the reflection of the gender, etc.

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