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(영문) 서울북부지방법원 2017.08.10 2017고단2341
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 May 20, 2017, while under the influence of alcohol content 0.201% among blood transfusions, the Defendant driven C vehicles at approximately 400 meters from the front of a mutual influorial restaurant in the Jung-gu Seoul Metropolitan Government, to the front of the 460-day road in the same area from the front of a non-fluoral restaurant in the middle-gu, Seoul to the front of 460-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, report on the circumstances of the driver involved, response to requests for appraisal, and report on detection of the driver involved in the primary

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 under Article 62-2 of the Social Service Order Criminal Act is that the defendant had been punished twice due to drinking alcohol driving in the past, even though he had been sentenced to a fine twice due to non-license driving in the past, and again commits the instant crime, considering the circumstances unfavorable to the defendant, such as the fact that the amount of alcohol concentration in blood during the instant case is very high at the time of the instant crime, the defendant reflects the fact that he/she recognized the instant crime, that he/she has no record of punishment exceeding the past fine, that the defendant has no family members to support the defendant, etc.

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