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(영문) 서울남부지방법원 2018.05.03 2018고단1293

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2006, the Defendant was issued a summary order of KRW 2 million by the Seoul Northern District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million by the Jung-gu District Court on July 16, 2007.

On January 18, 2018, the Defendant, while under the influence of alcohol 0.111% during blood transfusion around 23:15, driven a car in Bland from approximately 4.2 km to the road front of the household for office use, which is located in the same Eup as the Home Pluter located in the Republic of Korea located in Bocheon-si, Eup, the draft of the Home Plus, and in the front of the household for office use.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same summary order) and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the following circumstances: (a) it was three times to regulate the operation of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) it is good that the drinking value is relatively high; or (c) it is relatively old to drive drinking; and (d) the Defendant’s age, occupation, and family environment, etc. under favorable circumstances such as the Defendant’s age, occupation, and family environment, the execution of the sentence is suspended on condition that the Defendant is punished by imprisonment with prison labor and is subject to the direction of compliance driving under Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.