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(영문) 서울북부지방법원 2017.09.28 2017고단3368
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 5, 2007, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law in support of the Sung-nam branch of Suwon Friwon on July 5, 2007, and was sentenced to a fine of three million won due to the same crime at the Seoul Northern District Court on January 9, 2015, and was sentenced to a fine of three million won due to the same offense, two previous crimes of the same kind.

On April 27, 2017, at around 03:30, the Defendant driven B SP car under the influence of alcohol content of about 3 km from the section of approximately 3 km from the French-dong, Dongdaemun-gu, Seoul to the 26-ro, Jung-gu, Seoul to the 8-ro, Jung-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. A report on the circumstances of the driver at home;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the previous records);

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service has served twice punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act again leading to the instant crime, the fact that there is no criminal punishment exceeding a fine, and the fact that it is against

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