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(영문) 서울북부지방법원 2017.11.02 2017고단3575
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 March 3, 2010, the Defendant was sentenced to a suspended sentence of 6 months on the grounds of a violation of road traffic laws by the District Court of the Republic of Korea on March 3, 2010, and was sentenced to a suspended sentence of 2 years on the other hand, and was punished 4 times for a violation of road traffic laws.

On July 16, 2017, while under the influence of alcohol level of 0.130% among the blood transfusion around 01:30%, the Defendant driven Bho-do car from around 3km to the front road of the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to the same Nowon-gu, Nowon-gu, Seoul Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 has the past record of being punished by a fine for three times due to drinking without a license and one time due to a non-license driving in the past, and the Defendant committed the instant crime again despite the past record of being sentenced to a suspended sentence of imprisonment for one time due to drinking and non-license driving, the Defendant committed the instant crime at the time of the instant case, and the fact that the amount of alcohol concentration is very high at the time of the instant crime, and the Defendant is against the recognition of the instant crime and the mistake thereof, and there is a family member to support the Defendant.

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