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(영문) 서울북부지방법원 2018.02.01 2017고단4731
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 May 14, 2010, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on October 6, 2015, the Defendant was issued a summary order of 1.5 million won by a fine at the Seoul Northern District Court for a crime of violating the Road Traffic Act.

On October 17, 2017, while under the influence of alcohol level of 0.088% among blood transfusion around 23:40%, the Defendant driven a C EF rocketing car at approximately 600 meters away from the 259 Hamn Sea of Dobong-gu Seoul, Dobong-gu to the roads near the 67-ro, Dobong-gu, Seoul, Nowon-gu, to the roads near the 67-ro, Chang-dong, Seoul.

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 conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the summary order of the same kind of force attached);

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 account of 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 driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again, the crime of this case is committed, there is no criminal punishment exceeding the fine, circumstances to consider the situation of driving drinking, support the mother's child, and reflects the fact that it is being

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