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(영문) 서울서부지방법원 2018.05.17 2018고단419

도로교통법위반(음주운전)

Text

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

[criminal history] On September 20, 201, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 2 million on the ground of a violation of road traffic law (driving in drinking), in support of the Sungnam branch of Suwon branch on September 20, 201, and on March 20, 201, in the same court issued a summary order of KRW 8 million.

[ 범죄사실] 피고인은 2017. 12. 28. 05:30 경 서울 서초구에 있는 뱅뱅 사거리 도로에서부터 서울 용산구에 있는 서 빙고 역 삼거리 도로에 이르기까지 약 8km 구간에서 혈 중 알콜 농도 0.118% 의 술에 취한 상태로 C 소나타 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment of a copy of a summary order), and the application of statutes on summary order;

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures: The defendant has the ability to be punished for driving alcohol;

o favorable circumstances: The defendant has led to the confession of the crime, repented his mistake, and has no record of being punished for the suspension of execution or more.

o In the above circumstances, the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all of the sentencing conditions in the process of the change shall be determined as ordered by taking into account the following circumstances.