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(영문) 서울서부지방법원 2017.05.25 2017고단659
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 October 21, 2017, at around 21:00, the Defendant driven a d self-packed car in the state of alcohol of about 0.251% of alcohol concentration in the 10km section from the Do before the subway leading station of the subway No. 9, which is located in 124 in the middle-ro of Yeongdeungpo-gu Seoul Metropolitan Government, to the front road of Eunpyeong-gu, Seoul, 296.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 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. Although there was a record of three times criminal punishment due to driving of alcohol with the reason of sentencing under Article 62-2 of the Criminal Act of the community service order, the crime of this case was committed in the state of detention, and its drinking value is very high, and thus, the crime of this case is serious.

However, the sentence shall be determined as ordered in consideration of the fact that the error is recognized, there is no record of criminal punishment exceeding the fine, and other various sentencing conditions shown in the records and theories of this case.

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