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(영문) 서울북부지방법원 2018.04.26 2018고단388

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 2, 2018, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on January 2, 2018, and on May 15, 2009, the Defendant was sentenced to a fine of one million won in the name of the same crime at the Seoul East District Court on May 15, 2009, and was in violation of Article 44(1) of the Road Traffic Act on more than two occasions.

On February 4, 2018, the Defendant, without obtaining a driver’s license at around 21:30 on February 4, 2018, driven a DNA low-priced motor vehicle at around 0.166% of alcohol content in blood, and driven a approximately 400m from around the Gido-dong, Dobong-gu Seoul, Seoul, to the new service distance located in 745 Do-ro, the same as the Gido-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order of the drinking driving force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

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. Taking into account the fact that an order to attend a lecture or an order to attend a community service order has the history of being punished twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act; however, after receiving a fine, drinking, driving without obtaining a license after being sentenced to a summary order of a fine; the driving of a vehicle has obstructed the smooth flow of traffic or caused risks of subsequent accidents on the road in which the driving of the vehicle is frequent; the driving of the vehicle has interfered with the smooth flow of traffic or caused risks of subsequent accidents; the driving of the vehicle has no other criminal history other than being sentenced