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(영문) 서울북부지방법원 2017.05.04 2017고단842
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

The Defendant, at the Seoul Northern District Court on December 4, 2007, has been sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Seoul Northern District Court on December 4, 2007, and a person who was sentenced to a fine of KRW 1.5 million for the same crime in the same court on July 4, 201.

On June 4, 2016, the Defendant, while under the influence of alcohol content of 0.187% in blood around 00:45, driven a B-G car from about 600 meters away from the 20-lane 20-ro, Gangnam-gu, Seoul, Seoul, to the 27-lane 19-ro, Samyang-ro, Samyang-ro, Seoul, to the 2-story underground parking lot located in Samsung 19-ro, the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the same kind of force as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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, and again commits the instant crime, considering the unfavorable circumstances, such as the Defendant’s blood content at the time of the instant crime, which is highly high to 0.187%, and the Defendant recognized the instant crime and reflects the mistake, the Defendant has no record of punishment exceeding the past fine, and there are family members to support the Defendant.

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