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(영문) 서울서부지방법원 2019.03.26 2018고단4377

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

On November 23, 2012, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 23, 2012; on March 28, 2014, a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act (driving) at the Jungyang Branch Branch of the Jung-gu District Court on March 28, 2014; and on August 20, 2015, the Defendant was sentenced to a fine of KRW 8 million to a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch Branch of the Jung-gu District Court on March 2015.

On October 25, 2018, the Defendant was under the influence of alcohol of 0.145% on blood alcohol level at around 22:59, and was driving B C in the section of about 11 km from the roads near Gangnam-gu Seoul Metropolitan Government to the Gangnam-ro, Yongsan-gu, Seoul, Gangwon-ro 66, Gangwon-do.

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. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal investigation reports (a confirmation of the same kind of records), criminal records records, etc. and results of inquiry into records (where documents are attached, including attached documents);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant committed the instant crime even though he/she had been punished by a fine for drinking driving in the year 2012, year 2014, and year 2015 of the Criminal Act for the reason of sentencing Article 62-2 of the Act on Probation and Order to Attend Training.

At the time of the instant crime, the blood alcohol concentration was relatively high.

There is a history of criminal punishment against the defendant for the crime of double crime.

However, the defendant shows his attitude to reflect by recognizing his mistake.

It is necessary to sell vehicles and not re-offending them.

The defendant is a criminal of the same kind.