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(영문) 서울북부지방법원 2018.07.19 2018고단2307

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 17, 2009, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Northern District Court on December 17, 2009, and was sentenced to a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) in the same court on September 1, 2010, and was sentenced to a fine of KRW 1,00,000 by the same court on more than two occasions.

around 12:55 on May 14, 2018, the Defendant driven a C rocketing car with approximately 1k alcohol content of 0.119% in alcohol from the apartment complex of the same Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to the 1118 parking lot for the apartment complex of the 6th grade in Nowon-gu, Seoul Special Metropolitan City to the 118th grade.

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. Report on detection of a driver of a driving school, report on the circumstances of the driver of a driving school, and inquiry into the crackdown on drinking;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Taking into account such factors as the fact that there was two times of punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, it again led to the instant crime; that the preceding drinking is driving due to the failure of drinking alcohol; that the Defendant’s health condition is not good; and that it reflects the two times of punishment.