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(영문) 서울북부지방법원 2018.10.25 2018고단3358

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 October 31, 2011, the Defendant was notified of a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) in support of Sungnam branch of Suwon branch, and on March 13, 2018, the Defendant was notified of a summary order of KRW 4 million for the same crime at the Seoul Northern branch of the Seoul Northern branch of the District Court.

Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking) on July 19, 2018, the Defendant driven a chip car from around 500 meters away from the Do near the mine located in Gangseo-gu Seoul, Gangnam-gu without obtaining a driver's license under the influence of alcohol content of 0.160% from July 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and report on the circumstances of driving at home;

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

1. Copy of the driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though the Defendant had been punished several times due to drinking driving, again committed drinking and driving without a license. The Defendant seems to have been high in the risk of subsequent accidents due to a diving in the signal atmosphere while driving alcohol.

The corresponding strict punishment is required against the accused.

However, in consideration of the favorable circumstances, such as the fact that the defendant has no criminal punishment exceeding a fine, there is a family member to support, the fact that the defendant has a disability due to an injury on the part of the high-ranking father, and the reflection of the fact, the punishment shall be determined like the order.