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(영문) 서울동부지방법원 2018.06.21 2018고단698

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 24, 2015, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jeju District Court on December 24, 2015, and KRW 2.5 million for the same crime at the Jung-gu District Court on November 4, 2010.

[2] On February 9, 2018, the Defendant driven B rocketing car under the influence of alcohol by 0.158% from the 1km section from the front of the restaurant to the front of the luxian road located in the same Eup/Myeon, where the trade name in the Han River Eup, Han-gu, Han-si, Jeju, Jeju, is unknown.

In this respect, the defendant was punished by drinking more than twice, and he was also driving a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (A) and Acts and subordinate statutes;

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

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. Conditions unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that a person has been subject to punishment twice due to a violation of road traffic laws: One's mistake is divided and reflected, and the defendant's age, sex, motive, means and consequence of the crime, and the conditions of sentencing specified in pleadings, such as the circumstances after the crime, etc.;