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(영문) 서울서부지방법원 2018.02.13 2017고단3520
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 14, 2007, the Defendant issued, at the Seoul Southern District Court, a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, on March 29, 2010, a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act at the Seoul Central District Court on March 29, 201, and on October 14, 201, a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on October 14, 201.

On October 16, 2017, at around 21:07, the Defendant driven a E-high-speed car with alcohol concentration of about 3km from around 150 km to the south side of the Southern Road of Yongsan-gu Seoul, Yongsan-gu, Seoul, to the end of the 150 west-gu, Yongsan-gu, Seoul.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Records of judgment: Application of an inquiry letter, investigation report (report on confirmation of the same kind of force), and other relevant Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had a history of criminal punishment four times due to driving of alcohol, is not good to commit such crime by driving of alcohol at the same time.

However, there are favorable circumstances for the fact that the defendant shows an attitude against himself, and that he does not drive drinking by selling vehicles, etc.

In addition to the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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