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(영문) 서울북부지방법원 2017.08.31 2017고단2699
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 22, 2017, while the Defendant was under the influence of alcohol of 00:318% during blood transfusion, the Defendant driven BM6 car at a distance of about 20 meters from the Gamae Park Underground Parking Lot located in Seoul Jung-gu to the exit of about 49 degrees.

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service had been served several times of punishment due to drinking driving, etc. for the reason of sentencing under Article 62-2 of the Criminal Act, but again led to the instant crime; that the drinking value is very high; that there are circumstances to consider the situation of drinking driving;

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