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(영문) 서울서부지방법원 2018.04.19 2017고단3764
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

[criminal history] On December 5, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Central District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act. On October 23, 2012, the Defendant received a summary order of KRW 2,50,000 from the Seoul Northern District Court to a fine of KRW 2,50,00 due to a crime of violating

[2] On November 13, 2017, at around 04:25, the Defendant driven D’s car under the influence of alcohol content of 0.143% during blood while under the influence of alcohol from around 500 meters to around 227, with the joint signature of the same Gu from the street log in the Eunpyeong-gu Seoul Metropolitan Government.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 grounds for sentencing under Article 62-2 of the Criminal Act reflects the defendant's wrongness, and there is no record of crime exceeding the fine, and all other circumstances, including the defendant's age, sex, etc.

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