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(영문) 서울북부지방법원 2018.03.29 2018고단206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 9, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and on March 31, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court.

On December 26, 2017, at around 23:37, the Defendant driven Bone Star Co., Ltd. in the state of alcohol concentration of about 0.106% from the 30-meter radius to the front road of the 139 creative building in Seoul Special Metropolitan City, Nowon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

1. Despite the fact that an order to attend a lecture or an order to provide community service had been served twice punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, a person who again leads to imprisonment for the instant crime.

However, the execution of a sentence shall be suspended in consideration of the fact that there is no criminal punishment exceeding a fine, the distance of drinking driving is relatively short, and it is against the law.

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