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(영문) 서울북부지방법원 2017.11.02 2017고단3623
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 July 13, 2007, the Defendant received a summary order of KRW 2.5 million from the Seoul Northern District Court to a fine for a violation of road traffic laws (drinking driving), and on February 17, 2012, the Defendant issued a summary order of KRW 3 million from the same court as the same crime.

On July 30, 2017, around 08:35, the Defendant driven a car with alcohol level of approximately 0.229% during blood while under the influence of alcohol level of about 4km from around 08:40, the same day from the front of the Nowon-gu, Seoul Special Metropolitan City Nowon-gu Nowon Nowon-gu Nowon-gu Nowon, to the front road of the welfare rolling stock charging station, the Defendant driven a car with B, while under the influence of alcohol level of about 0.229%.

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 an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 is that the Defendant had been punished three times due to drinking alcohol driving in the past, and again commits the instant crime, considering the circumstances unfavorable to the Defendant, such as the fact that the amount of alcohol concentration in blood during the instant crime is very high, and the Defendant recognized the instant crime and reflects the mistake, and that there is a family member to support the Defendant.

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