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(영문) 서울북부지방법원 2017.06.08 2017고단1494

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 November 4, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws at the Seoul Northern District Court (drinking driving) on November 4, 2013, and was sentenced to a fine of two million won for the same crime at the Seoul Southern District Court on January 26, 2016.

On January 27, 2017, at around 05:10, the Defendant driven a car with B’s cryp mack in the state of under the influence of alcohol of 0.143 percent of alcohol in a section of 100 meters from the cryp of 308-ro cryp of the same cryp, which is located in the Dobong-gu Seoul Metropolitan Government Do.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances, such as an order to attend a lecture or an order to attend a community service order, even though there are two times the records of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, leading to the instant crime, causing traffic accidents due to drinking, having no criminal records other than the sentence of each fine as stated in the judgment, and reflecting it.