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(영문) 서울북부지방법원 2017.10.26 2017고단3598
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 September 7, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Northern District Court on September 7, 2008, and on March 4, 2010, the Defendant issued a summary order of KRW 4 million as a violation of the Road Traffic Act (driving driving) at the same court on March 4, 201, and has the record of violating Article 44(1) of the Road Traffic Act on more than two occasions.

On July 20, 2017, around 22:50, the Defendant driven Cone Star Co., Ltd under the influence of alcohol content 0.178% while under the influence of alcohol at approximately 100 meters, from the 4.19 tower to the two marina parking lots located in the same Dong-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Place as a result of drinking;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

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

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 was served twice the punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again led to the instant crime; the drinking value was relatively high; the occurrence of a traffic accident; there was no proper sentence issued; the driving force of drinking after 200; the fact that there was no driving force after 200; and the fact that

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