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(영문) 서울북부지방법원 2017.06.22 2017고단901

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 December 26, 2013, the Defendant was sentenced to a fine of KRW 10 million due to a violation of road traffic law (drinking driving), etc. at the Seoul Western District Court on February 1, 2013, and the suspension of the execution of ten months at the Seoul Western District Court on February 1, 2013, and was sentenced to a fine of KRW 5 million due to the same crime, etc. at the Seoul Western District Court on July 23, 2010, and was sentenced to a fine of KRW 3 million due to the same crime at the Seoul Western District Court on October 15, 2009, and a fine of KRW 2 million due to the same crime at the Seoul Northern District Court on September 4, 2007.

On March 8, 2017, at around 00:25, the Defendant driven DMW car under the influence of alcohol content of about 0.141% in the vicinity of the mine located in the old sea route 94 meters around DM car in the vicinity of 300 meters around DM car in the vicinity of the DM car located in the old sea route 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of the judgment, and three 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service was made available for the reasons of sentencing under Article 62-2 of the Criminal Act but again led to the instant crime, that there was no driving force for drinking after 2013, that the Defendant is a person with a disability, that the Defendant is supporting the mother who is a visual disability, and that he is against the law.