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(영문) 서울서부지방법원 2017.09.21 2017고단2010
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 7, 2006, the Defendant issued a summary order of KRW 2,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on November 7, 2006, and on September 5, 2014, the Seoul Southern District Court issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving).

around 01:50 on June 3, 2017, the Defendant driven a B QM5 car while under the influence of alcohol content of 0.139% in blood at the 50m section of the road in front of the 200-gu Seoul Yongsan District Fire Station, Yongsan-gu, Seoul.

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 Acts and subordinate statutes, such as a written inquiry about criminal history, summary order, etc.;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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 Criminal Code of the Order to Attend a lecture is that the defendant, while being punished twice due to drinking driving as stated in the judgment of the court, once again drives drinking without any particular warning, the defendant's main driving is serious, and that the defendant causes a minor contact while driving under the influence of alcohol.

However, the defendant reflects the crime of this case and sells a car with an indication that he would not repeat the crime of this case, the distance of the defendant's driving is very short, the defendant does not have any punishment heavier than a fine due to traffic-related crimes, such as drinking or driving without a license, and the punishment is determined as ordered by the order, taking into account the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., as stipulated under Article 51 of the Criminal Act.

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