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(영문) 서울북부지방법원 2017.09.14 2017고단2977
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Northern District Court for a crime of violating the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on December 4, 2014, respectively.

On July 4, 2017, the Defendant had been punished for committing a violation of the Road Traffic Act (drinking) more than twice, but was under the influence of alcohol level of 0.090% from blood around 05:05 on July 4, 2017, the Defendant was driving C A6 car from around 5km to the front road of the store operated by the Defendant located in Gangnam-gu Seoul Metropolitan Government to Nowon-gu in Seoul Special Metropolitan City.

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. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of the previous summary order) and application of each summary order Acts and subordinate statutes;

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service has served twice punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act again leading to the instant crime, the fact that there is no criminal punishment exceeding a fine, and the fact that it is against

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