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(영문) 서울북부지방법원 2018.05.10 2018고단951
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 July 7, 2009, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving), etc. at the Goyang Branch of the Jung-gu District Court on October 7, 2009, and on November 29, 2013, the Defendant was sentenced to a fine of five million won or more for a violation of the Road Traffic Act (driving), etc. at the same court on November 29, 2013.

On February 23, 2018, at around 01:30, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

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 report to a suspect's judgment of driving alcohol, etc.);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account such factors 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 again led to the instant crime, the occurrence of a traffic accident that causes the driving of alcohol, the absence of a sentence sentenced, the support for minor children and mothers, and the reflection of such fact;

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