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(영문) 서울북부지방법원 2017.08.31 2017고단2439
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 November 19, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on the ground of a violation of the Road Traffic Act. On December 23, 2013, the Defendant was sentenced to a fine of one million won for the same crime in the same court.

On March 19, 2017, at around 00:20, the Defendant driven Cone Star Cargo with approximately 0.120% of alcohol content in the section of approximately 3km from the green apartment in Seoul Special Metropolitan City, Nowon-gu to the front of two apartment complexes with about 41-lane 9, Jung-gu, Seoul, 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. 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 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. The circumstances, such as the fact that an order to attend a lecture or an order to provide community service was served several times of punishment due to driving under drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again, the crime of this case was committed, there is no record of criminal punishment exceeding the fine, support for the aged under medical care, and submission of a reflect letter to the court several times, etc., shall be taken into account.

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