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(영문) 서울북부지방법원 2017.09.28 2017고단3201
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 July 24, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Seoul Central District Court on July 24, 2008, and a fine of 2.5 million won as a crime of violating the Road Traffic Act at the Seoul East District Court on May 22, 2009.

On June 19, 2017, at around 21:50, the Defendant driven Cschtonton car with a alcohol content of 0.102% 0.102% in blood at the five-meter section of the road in front of the claim 38-24, Eit Loans in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

As a result, the defendant was punished twice as a crime of violating the Road Traffic Act, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The circumstances, such as the fact that even though there was a history of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, it again led to the instant crime, circumstances to be taken into account in the circumstances leading to driving under the influence of alcohol, and the reflection of the situation;

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