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(영문) 서울서부지방법원 2017.08.10 2017고단1421
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 April 2, 2010, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on April 2, 201, and on May 18, 2012, the Defendant was sentenced to a fine of KRW 7,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul East Eastern District Court.

On March 25, 2017, at around 02:30, the Defendant driven B-V car under the influence of alcohol concentration of about 0.080% from the distance of about 1km to about 70m from the river northwest-ro 8-gil, Mapo-gu, Seoul to the river north-ro, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the details of crackdown and the result of crackdown on drinking;

1. Previous convictions in judgment: Application of inquiry, text of judgment, and summary order-making 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that drinking alcohol affects people's physical exercise ability and thus driving a drinking is highly likely to lead to traffic accidents, and the risk of recidivism is high, and that the Defendant once driving a drinking again, including the previous conviction stated in the judgment, was punished three times due to drinking, and that the Defendant again driving a drinking again, and that the Defendant caused an accident on the road boundary while driving a vehicle is at a disadvantage.

However, the defendant's violation of the crime of this case does not repeat the crime of this case, the defendant was not punished for the same crime since 2012, and there was no punishment heavier than a fine due to driving under drinking, and the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, etc.

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