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(영문) 서울북부지방법원 2017.06.08 2017고단1344
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 10, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on April 10, 2015, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on October 27, 2015.

On March 25, 2017, around 22:54, the Defendant driven CK5 vehicle under the influence of alcohol by 0.235% from the 1km section of approximately 1km to the 334-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, to the 405-ro, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol among bloods;

1. Previous conviction: Application of a written inquiry and a summary order;

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service was served two times with the history of punishment for driving under drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again, the crime of this case was committed, there is no criminal punishment exceeding the fine, circumstances to take into account the situation of driving under drinking, and

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