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(영문) 서울북부지방법원 2017.08.10 2017고단2408
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 November 11, 2009, the Defendant issued a summary order of a fine of three million won to a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on November 11, 2009, and on September 1, 201, the Defendant issued a summary order of three million won to a crime of violating the Road Traffic Act (drinking driving) by the same court on September 1, 201.

On May 28, 2017, at around 13:49, the Defendant driven a B B-P car under the influence of alcohol content of 0.184% during blood at a section of about 200 meters from the front line of the Seoul Special Metropolitan City Nowon-gu, Seoul to about 69:0 o.e., 200-ro.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of an inquiry letter, summary order-making statute;

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, even though the defendant had been punished for a fine twice due to drinking in the past, and again commits the instant crime, considering unfavorable circumstances such as the fact that the amount of alcohol concentration in blood during the instant crime is very high at the time of the instant crime, and the occurrence of traffic accidents, the Defendant reflects the recognition of the instant crime and 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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