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(영문) 서울북부지방법원 2017.10.26 2017고단2463
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 April 15, 2014, around 22:25, the Defendant driven a c-wing truck with alcohol content of 0.238% while under the influence of alcohol from around 2km-ro, Gangnam-gu, Seoul to March 523, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Requests for appraisal of alcohol concentration in the blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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 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, which led to the instant crime, the high drinking value, the circumstances to be considered in the circumstances leading to driving under the influence of alcohol, the Defendant’s health status is not good, the support is supported by the physically handicapped children, and the reflection is committed.

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