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(영문) 서울북부지방법원 2018.07.26 2018고단2179

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

【The Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on April 30, 2010, and on October 30, 2013, the Seoul Northern District Court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

【Criminal facts】 On April 22, 2018, the Defendant driven a Cknife vehicle at the 1km section from the 4.19 tower near the Seoul Northern-gu Seoul Northern-ro to the 103rd road while under the influence of alcohol content at around 0.171% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

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 (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture was that the defendant had been punished for driving under drinking twice, but the defendant was engaged in driving under the condition of the revocation of the driver's license, and the driver's license of this case caused physical damage by taking a parked vehicle while driving. The defendant should be sentenced to imprisonment.

However, the defendant appears to have compensated for all physical damage caused by an accident, and the defendant seems to have a family member to support the defendant, the defendant repents and reflects his mistake, the surrounding neighbors of the defendant wanting the defendant's wife, and the social ties seems to be solid, and there is no history of punishment more than the suspended sentence until now, the defendant has been sentenced to the suspended sentence after mitigation of the small amount of punishment.

On the other hand.