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(영문) 서울서부지방법원 2017.11.30 2017고단2684
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 July 16, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 3,000,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court on October 28, 2008, and on February 3, 2010, sentenced to a fine of KRW 4,000,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court on February 3, 2010.

On August 24, 2017, around 00:33, the Defendant driven B rocketing vehicles with alcohol content of about 0.170% in the 2km section from around 7:00 to the road front of the access road to the World Cup in Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (the suspect's drinking force);

1. Relevant legal provisions and Articles 148-2 (1) 1 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant, as stated in the judgment of the court, was punished three times due to drinking, and the Defendant’s drinking again without any particular warning, and that the Defendant’s drinking level is serious is disadvantageous.

However, since the defendant violated the crime of this case, the defendant was not punished more than a fine due to traffic-related crimes, and was punished on February 3, 2010 due to the act of driving alcohol, etc., the defendant was not subject to criminal punishment, and the punishment is determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive for the crime, circumstances after the crime, etc.

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