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(영문) 서울북부지방법원 2017.03.30 2017고단98
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2016, around 03:13, the Defendant driven B WW125EX2 Obaba on the road from the front of the Seongdong-gu Seoul Seongbuk-gu 102, Seongbuk-gu, Seoul, to the 40-ro 49-gil, Seongbuk-gu, Seongbuk-gu, Seoul, while under the influence of alcohol leveling to 0.179% of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written response to a request for appraisal;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a report on detection of drivers engaged in the primary business (73 pages of investigation records);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Even though the reason for sentencing under Article 62(1) of the Criminal Act was two times, it again led to the instant crime, the Defendant suffered serious injury due to an accident resulting from driving alcohol, and other conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, and environment, are considered.

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