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(영문) 서울북부지방법원 2018.05.24 2018고단1333
도로교통법위반(음주운전)등
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

1. On January 18, 2016, the Defendant received a summary order of KRW 2,50,000 from the Seoul Northern District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking), and on September 28, 2016, a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (drinking on drinking), etc.

On March 13, 2018, around 01:35, the Defendant driven a B B B-ppon car under the influence of alcohol concentration of approximately 0.082% in the 18km section of the real estate at around 02:48 on the same day in Seoul Special Metropolitan City, Nowon-gu, the same day as 986, 101 Dong (Gonghne-dong, Nowonwon FFFEMMM).

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who has violated the prohibition of drinking at least twice.

2. On March 12, 2018, the Defendant driving the said vehicle without obtaining a driver’s license in the section from Dongdaemun-gu in Seoul to 25km-dong Ho-dong from Namyang-si, Namyang-si, Seoul on March 13, 2018 and around 02:48 on the same day from March 13, 2018 to 02:48 on the same day from the southyang-si, Chungcheongnam-gu, Seoul Special Metropolitan City, Nowon-gu, one of the 986,101 Dong (Gong Dong-dong, Nowon-gu, Nowon-gu, Nowon-gu, No. e., Nowon-gu) at the section of about 18 km in front of real property.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

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. Order to attend lectures and order to provide community service two times each due to driving of drinking alcohol for sentencing Article 62-2 of the Criminal Act, and driving without licenses.

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