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(영문) 서울북부지방법원 2017.09.21 2017고단3090
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 June 20, 2017, the Defendant driven a rash car under the influence of alcohol of 0.204% in blood, from the distance section to the entrance distance of the forest market located in 253, Jung-gu, Seoul, Seoyang-si, Namyang-si, to the 3-distance of the entrance of the forest market in 253.

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, despite the fact that the defendant had been punished by a fine due to drinking in the past, and again commits the instant crime, considering the circumstances that are disadvantageous to the defendant, such as the fact that the blood alcohol concentration at the time of the instant case is very high, the occurrence of traffic accidents, etc., the punishment shall be determined by considering the favorable circumstances, such as the fact that the defendant recognized the instant crime and made the mistake against the defendant, and that there are family members to support the defendant.

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