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(영문) 서울중앙지방법원 2018.04.05 2018고단569

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On February 24, 2009, the Defendant was issued a summary order of KRW 30 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on February 24, 2009, and on August 9, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court.

Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking) on December 23, 2017, the Defendant was under the influence of at least 0.146% of alcohol during the blood transfusion on December 23, 2017, driving the bran chisc vehicle from the roads 20-25, Seocho-gu, Seoul, Seocho-gu to the roads 1239, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes on investigation reports (the confirmation of criminal history of the same type);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;