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(영문) 서울북부지방법원 2017.07.13 2017고단1956
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 5, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on November 23, 2009, the Seoul Northern District Court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and on November 30, 2009, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court.

On April 22, 2017, at around 22:17, the Defendant driven a horse with B, while under the influence of alcohol leveling 0.113% from approximately 60 meters away from the front of the restaurant in the trade name in Gangnam-gu Seoul, Gangnam-gu to the front of the Central church, to approximately 220 percent of alcohol leveling to 0.113%.

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 conviction: Application of a reply to inquiry, text of judgment, and copy of summary order, 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 shall be determined by considering the circumstances favorable to the Defendant, such as the fact that the Defendant had been punished for a fine on three occasions due to drinking alcohol driving in the past, and that the Defendant committed the instant crime again, the Defendant’s blood alcohol concentration is very high at the time of the instant crime, and the Defendant recognized the instant crime and reflects the mistake, the Defendant did not have any history of punishment exceeding the past fine, and there was a family member to support the Defendant.

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