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(영문) 서울북부지방법원 2017.09.28 2017고단3356
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 31, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 22, 2013, and was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on August 12, 2013. On September 4, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million for a crime of violating the Road Act at the Seoul Eastern District Court on September 4, 2013. On November 22, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 22, 2013.

On July 22, 2017, at around 03:00, the Defendant driven a B Tball-ri car under the influence of alcohol concentration of about 0.177% from the section of about 18km to the inside circulation of 57-57 in Seongbuk-gu, Seoul, Seoul, from the apartment parking lot to the 03:20 on the same day, at the new-dong-ri 14-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each summary order, and the application of each judgment;

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. An order to attend a lecture or an order to attend a community service order, even though there was a history of punishment twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, again leading to the instant crime, the distance of driving alcohol, the driving distance of drinking alcohol, the height of drinking level, and the control by the reporting of other drivers due to dangerous driving, and all the records of driving alcohol from April 12, 2013 to June 22, 2013.

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