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(영문) 서울서부지방법원 2017.11.16 2017고단2847
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 September 2, 2017, while under the influence of alcohol content of 0.178% during blood transfusion, the Defendant driven Benz car at approximately 1 km from the roads in Mapo-gu Seoul, Mapo-gu to the roads in front of 1 3rd-ro, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to investigation reports (in response to the results of appraisal by states);

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives a drinking again without any particular warning even though he/she was punished twice due to drinking, the amount of alcohol concentration in blood due to respiratory measurement was 0.135%, and the degree of the defendant's drinking level is disadvantageous according to the general standards, such as blood gathering test results that the blood alcohol concentration in blood reaches 0.178%.

However, in light of the fact that the defendant did not repeat the crime of this case while committing the crime of this case, the defendant was not punished more than a fine due to traffic-related crimes, such as drinking driving, etc., and other factors such as the defendant's age, sex, family environment, motive for the crime, circumstance after the crime, etc., the punishment as ordered shall be determined in consideration of the sentencing conditions under Article 51 of the Criminal Act.

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