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(영문) 서울북부지방법원 2018.05.03 2018고단981

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 2 million for a violation of Road Traffic Act at the Seoul Southern District Court on December 12, 2006; on December 24, 2007, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court on December 24, 2007; on February 3, 2010, the same court was sentenced to two years for the suspension of the execution of June for the same crime; on August 17, 2011, the Defendant was issued a summary order of KRW 3 million for the same crime at the Incheon District Court’s Vice Branch Branch, and on April 23, 2013, the Defendant was granted a summary order of KRW 6 million for a fine of KRW 1 million for the same crime; on December 9, 2014, the period of imprisonment with prison labor from the Seoul Western District Court to the Seoul Western District Court on December 8, 2016 and executed the remaining detention house on April 16, 2016.

【Criminal facts” around March 1, 2018, around 07:52, the Defendant driven F food cars under the influence of alcohol content of approximately 0.121% from the 15m section of the blood alcohol content to the above 334th road of the 332-ro of the Gangseo-gu Seoul Northern District.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation status;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment seems to have been experienced by the Defendant, as stated in the record of the crime, on several occasions due to drinking alcohol, the suspension of the execution of a fine, and all criminal punishments until the sentence is sentenced.

Nevertheless, the drinking of this case is also carried out during the period of repeated crime.