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(영문) 서울서부지방법원 2017.05.18 2017고단661
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 January 13, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on January 11, 2010, the Seoul Central District Court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act.

On March 12, 2017, the Defendant, while under the influence of alcohol content of 0.076% from blood transfusion around 08:35, the Defendant driven a car B in the section B from approximately 6km to the road front of the Seoul Seomun-gu Station, Yongsan-gu, Seoul, for the unification of Seodaemun-gu to approximately 384 SK K K K K oil station.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (compact filing of summary orders);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, as stated in the judgment of the court below, was driving drinking again even if he was punished twice due to drinking, but the defendant was found to have committed the crime of this case, and the defendant was not punished since 2010, and the defendant did not have been punished heavier than the fine due to drinking, and the defendant's age, sexual behavior, environment, motive for the crime, circumstances after the crime, etc. are determined as ordered by the order, taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, motive for the crime, and circumstances after the crime.

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