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(영문) 서울서부지방법원 2019.07.11 2019고단748

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 8, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Southern District Court. On June 21, 2012, the Seoul Western District Court sentenced the Defendant to a suspended sentence of two years for a period of six months.

【Criminal Facts】

around 23:50 on March 31, 2019, the Defendant was driving a DNA hurburged car with a blood alcohol concentration of about 0.09% in the 3km section from Yongsan-gu to the same Gu C, from around 3km.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act on the part of the defendant who committed the crime of this case, even though the defendant had been sentenced to the judgment of the suspension of execution due to the same crime, is disadvantageous to the defendant; however, it is against the defendant that the defendant recognized the crime of this case; about 6 years have passed since the judgment of the suspension of execution was rendered; and it is favorable that the defendant

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;