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(영문) 서울동부지방법원 2017.10.30 2017고단2863
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 April 15, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic laws (drinking driving) at the Jung-gu District Court Goyang Branch on April 15, 2008, a fine of KRW 4 million for a crime of violating road traffic laws (dacting driving) at the Incheon District Court on August 7, 2012, and a fine of KRW 5 million for a crime of violating road traffic laws (dacting driving) at the Goyang Branch Branch of the Jung-gu District Court on December 26, 2012.

On July 31, 2017, around 01:28, the Defendant driven a B rocketing car with alcohol content of about 90 meters from the Seongdong-gu Seoul Eastdong to the king of Seongdong-gu Seoul and about 308, 308, and 0.229% of alcohol content in blood from the 90m section to the front road of Samsung F Flaz.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver who is to take the driving, investigation report, inquiry into the results of crackdown on the driving of drinking, and report on the detection of the driver who is to take the driving under the influence of drinking;

1. Response to a request for appraisal;

1. Previous records: Application of a reply to inquiry, such as criminal records, and criminal investigation reports (report, such as attachment of a copy of judgment on driving alcohol in the past);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. It is so decided as per Disposition on the grounds that there are several records of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, high drinking measurement values, and other circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc.

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