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(영문) 서울서부지방법원 2017.05.17 2017고단221
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 5, 2007, the Defendant was punished two times or more due to drinking driving, such as receiving a summary order of a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on December 5, 2007, a fine of KRW 1.5 million, a fine of KRW 2 million due to a crime of violating the Road Traffic Act (drinking driving) at the Chungcheong District Court on July 4, 2008, and on January 3, 2011, the Seoul Southern District Court issued a summary order of KRW 4 million due to a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on February 19, 201, the Defendant was convicted of two times or more due to drinking driving on around 50,000 won from the front day of the Yanton hotel in Yongsan-gu, Seoul Southern District Court on December 21, 2016 to the 27-ro 42-way.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on detection, notification of the results of crackdown on drinking driving, and a statement in the circumstances of the driver of drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about crimes committed by foreigners and criminal investigation records, and previous convictions (a copy of summary orders) of the disposition;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the arguments of the case, including the defendant's age, driving distance, alcohol concentration in blood, and other defendant's age, sex, sex, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc.

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