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(영문) 서울서부지방법원 2018.03.29 2017고단3831
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

【The Defendant was issued a summary order of KRW 2 million on December 7, 2007 by the Seoul Eastern District Court on the grounds of a violation of road traffic laws (driving), etc. On September 2, 2011, the above court issued a summary order of KRW 2.5 million on September 2, 201, and issued a fine of KRW 2.5 million on May 29, 201 by the Seoul Western District Court on the grounds of a violation of road traffic laws (driving), and issued a summary order of KRW 3 million on May 29, 2014.

【Criminal facts constituting the Defendant, while under the influence of alcohol level of 0.066% on November 10, 2017 at around 03:14, the Defendant driven a DNA car at approximately 3km from the 3km section to the front road of Eunpyeong-gu Seoul (Seoul) on the roads on which 0.066% of the alcohol level was ever driven.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of alcohol alcohol appraisal (the National Science Investigation Institute, the Appraisal Board E), a report on the detection of a driver with primary alcohol, and a report on investigation (the application of the aforementioned dmark);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, there are many persons who have been punished for the crime of violating the Road Traffic Act as well as the records and changes that the defendant need not be punished by a fine or heavier punishment for the same crime, such as the fact that he/she has been punished for a violation of the Road Traffic Act (non-licenseless driving) three times or more, and that he/she has committed a violation of the Road Traffic Act (non-licenseless driving) and that he/she has not been punished by a fine or heavier punishment for the same crime, and that he/she should not repeat and repeat again, all of the sentencing conditions shown in the theory of the records and changes, such as the defendant's age, sexual behavior

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