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(영문) 서울북부지방법원 2017.05.18 2017고단1022
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 11, 2014, the Defendant was sentenced to a fine of KRW 4 million in the Seoul Northern District Court due to a violation of the Road Traffic Act (driving), and a fine of KRW 3 million in the same court on May 26, 2014, respectively.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as seen above, on February 27, 2017, the Defendant driven CKaren car at approximately 250 meters from the front of a mutual influent restaurant located in the Seoul Special Metropolitan City, Nowon-gu, to the roads of the Seoul National Science Technology Complex located in the same Gu, while under the influence of alcohol content 0.182% from around 00:18 on the blood, around February 27, 2017.

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 an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 in the past, and again commits the instant crime, considering unfavorable circumstances, such as the fact that the Defendant had been punished twice due to drinking alcohol in the past, the amount of alcohol concentration in the blood during the instant crime is very high to 0.182% at the time of the instant crime, the Defendant recognized the instant crime, against the fact that there is a family member to support the Defendant, and that the Defendant has no record of punishment in excess of the past fine, etc., under favorable circumstances.

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