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(영문) 서울북부지방법원 2017.12.07 2017고단4381

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 20, 2008, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of road traffic law, etc. at a high-level district court support on November 20, 2008, and on November 27, 2014, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court, and seven criminal records of the same kind were sentenced to a suspended sentence of two years for the same crime.

On September 15, 2017, around 05:31, 2017, the Defendant driven Bsch Rexn car in the state of alcohol with approximately KRW 2k alcohol concentration of 0.095% in blood from the section of approximately 2km to the front of the Do salary registry located in Changdong, Dobong-gu, Seoul.

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

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

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

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. Consideration of the circumstances, such as: (a) six times of driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) six times of driving under the influence of alcohol without a license; (c) there are circumstances to consider the developments leading to driving under the influence of alcohol; (d) there are family members to support; and (e) there are rebuttals;