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(영문) 서울동부지방법원 2017.11.30 2017고단3408
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 June 7, 2013, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law (drinking driving) in support of the Sungnam-gu Friwon of Friwon on June 7, 2013, and a fine of six million won due to a violation of road traffic law (drinking driving) at the Seoul Central District Court on August 11, 2014.

On September 26, 2017, the Defendant was under the influence of alcohol content of 0.097% from blood transfusion around 01:00, the Defendant driven BMW car from the 6km section in Seoul, Gwangjin-gu, Seoul, to 56-ro 85, BMW car from the 2km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Decisions are rendered as per Disposition on the grounds that the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are not less than the overall circumstances, such as the fact that there are several favorable circumstances, such as the fact that he/she has been punished for the same kind of crime:

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