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(영문) 서울북부지방법원 2017.07.13 2017고단1845
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 May 26, 2011, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court, and on March 11, 2014, the Defendant was issued a summary order of 5 million won by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court.

On March 20, 2017, around 23:03, the Defendant driven a vehicle B under the influence of alcohol with approximately 700 meters alcohol concentration at around 0.062%, from the front day of the river of Gangseo-gu Seoul, Gangnam-gu to the front day of the same 398-ro Dobong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished twice due to drinking alcohol driving in the past, and again commits the instant crime, considering the fact that the Defendant committed the instant crime at the time of the instant crime, the Defendant’s blood alcohol concentration is relatively high. The Defendant recognized the instant crime and reflects the mistake, the Defendant did not have any history of punishment exceeding the past fine, and the Defendant had any family members to support the Defendant.

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