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(영문) 서울북부지방법원 2017.08.24 2017고단2506
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 July 29, 2008, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act; on May 20, 2013, the Seoul Central District Court issued a summary order of KRW 7 million from a fine to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Dangerous and Dangerous and Dangerous and Dangerous and Traffic Act) and a violation of the Road Traffic Act.

On May 31, 2017, the Defendant, while under the influence of alcohol 0.136% during blood transfusion around 21:48, was driving a chum-p motor vehicle from the front of the Geumwon-dong in the Changwon-si, the Changwon-si, the Changwon-si, the from the front of the Geumwon-dong, to the front road in the 3rd Deputy Road in the Gowon-si, the Changwon-si, the Changwon-si, the Seoul 200 meters away from around 200 meters.

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 conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the same case) by 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 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 Defendant had committed the instant crime, and that the amount of alcohol concentration is very high at the time of the instant crime. The Defendant recognized the instant crime and reflects the mistake, and that the Defendant has no record of punishment exceeding the past fine, etc., by taking account of favorable circumstances.

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