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(영문) 서울북부지방법원 2018.02.08 2017고단5059
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 May 25, 2004, the Defendant is punished by a fine of two million won for a violation of the Road Traffic Act at the Seoul Northern District Court on May 25, 2004, 1.5 million won for a violation of the Road Traffic Act at the same court on April 8, 201, 1.5 million won for a violation of the Road Traffic Act, 1.5 million won for a violation of the Road Traffic Act at the same court on June 18, 201, and 8 million won for a violation of the Road Traffic Act at the same court on March 23, 2015.

On November 11, 2017, at around 09:07, the Defendant driven a car of approximately 200 meters from the 4-dong apartment in Seoul Special Metropolitan City, Nowon-gu, 20, to the 30-dong apartment from the 4-dong in front to the 3-dong apartment in front of the 30-dong, Seoul Special Metropolitan City, Nowon-gu, to the 3-dong apartment in front of the 30-dong apartment in the same apartment.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving 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 at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of judgment related to the same type of power, etc.);

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

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished four times due to drinking alcohol driving in the past, and again commits the instant crime, taking into account the circumstances unfavorable to the Defendant, such as the fact that the amount of alcohol concentration during blood at the time of the instant case is very high and the occurrence of traffic accidents. The Defendant recognized the instant crime and reflects the mistake, the Defendant did not have any record of punishment exceeding the past fine, and there is a family member to support the Defendant.

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