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(영문) 서울북부지방법원 2018.01.18 2017고단5095
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 December 14, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving driving), on May 7, 2008, a summary order of KRW 1 million for the same crime at the Seoul Central District Court on May 7, 2008, and on August 4, 2008, a summary order of KRW 3 million for the same crime was issued at the Seoul East East District Court.

On November 08, 2017, at around 08:50, the Defendant driven B K7 vehicle volume under the influence of alcohol 0.160% while under the influence of alcohol from approximately 2 km section from around the Yangdong-dong, Incheon, to the roads near the Yang-ro, Mapo-gu, Seoul Metropolitan City, to the same Manan-ro, Seoul Metropolitan City.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Notification of the results of regulating drinking driving;

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

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 been served several times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but the crime of this case was committed, there is no criminal punishment exceeding a fine, there is no record of drinking alcohol driving after August 2008, and there is no record of drinking alcohol driving

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