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(영문) 서울북부지방법원 2017.04.20 2017고단587
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 February 10, 2017, at around 16:40, the Defendant driven a car between FV while under the influence of alcohol with approximately 0.203% of alcohol concentration in blood 0.203% from the front of the E travel company located in the Dongdaemun-gu Seoul Metropolitan Government D, to the 59-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 Social Service Order Criminal Act, even though the Defendant had been punished for a fine twice due to the previous drinking driving, and again commits the instant crime, considering the circumstances unfavorable to the Defendant, such as the fact that the Defendant’s blood blood content was extremely high to 0.203% and the occurrence of traffic accidents at the time of the instant crime, the Defendant recognized the instant crime and against the mistake, and that the Defendant did not have any record of punishment in excess of the past fine, etc., a punishment shall be determined by considering the favorable circumstances.

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