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(영문) 서울북부지방법원 2018.07.26 2018고단1746
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Records of Crimes】 On March 25, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating Road Traffic Act (driving) at the Seoul Central District Court on March 25, 200, and was sentenced to a fine of KRW 4.5 million as the same crime at the Seoul Northern District Court on June 3, 2014.

【Criminal fact-finding on April 14, 2018, the Defendant driven a DKa car with alcohol content of about 0.174% in blood without obtaining a driver’s license on April 14, 2018, at approximately 500 meters from the Dobong-gu Seoul Metropolitan Government Maro to the front day of the 671 provincial school of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on driving alcohol;

1. Investigation report (report on the situation of the driver in charge) and control report;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures have the record of being punished three times due to drinking driving.

Nevertheless, in addition, I would like to select imprisonment because it is necessary to punish the defendant with heavy punishment.

However, there are the following circumstances for the defendant.

The defendant is currently divorced and supporting the mother's child and the punishment, and the mother's child has been treated with her mother's her mother's her mother's her mother's her mother's her mother's her mother's her mother's symptoms, and both persons

Meanwhile, the defendant is in a position to send consolation money and child support to all his or her wife and children after divorce with his or her wife.

In this situation, when the defendant is detained, the defendant's person.

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