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(영문) 서울북부지방법원 2017.08.24 2017고단2741
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 March 13, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on March 13, 2009, and a summary order of KRW 1,50,000 as a fine for the same crime from the Seoul East District Court on April 22, 2016

Although the Defendant had been punished twice due to drinking driving, on April 23, 2017, while under the influence of alcohol content of 0.077% in blood around 03:35 on Apr. 23, 2017, the Defendant driven a sports car in the section of approximately 7km from the Do near the Gun of Gwangjin-gu Seoul Special Metropolitan City to the road near the 332km-ro, Jung-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant again committed the instant crime despite the fact that he/she had been punished twice due to drinking alcohol driving in the past; (b) the amount of alcohol concentration in blood at the time of the instant case is relatively high; (c) the Defendant recognized the instant crime and commits the instant crime; and (d) the Defendant reflects the mistake; and (e) the Defendant committed the instant crime by drinking alcohol driving in the past, taking into account the favorable circumstances, such as the fact that there was no special criminal record, other than the punishment imposed twice due

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