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(영문) 서울서부지방법원 2018.04.12 2017고단3892
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 January 22, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on July 20, 2016 and received a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on July 20, 2016.

On November 8, 2017, around 06:50, the Defendant driven a C-A-A-A-A-A-A-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-ri

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. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (verification of a violation of the provision prohibiting driving under drinking, on not less than two occasions), and application of summary orders and regulations;

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. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The full depth of the offense and not repeating the offense, and the circumstances that there was no record of a fine or heavier punishment: From 2014 to 2016, the two fines have been imposed on the violation of the Road Traffic Act (driving) and the two fines have been imposed on the violation of the Road Traffic Act (driving without a license) but again, the offense of this case has again been committed despite the past record of being sentenced to fines on two occasions due to the violation of the Road Traffic Act (driving without a license). All of the sentencing conditions specified in the record and the changes theory, such as the Defendant’s age, sexual behavior, family relationship

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