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(영문) 서울동부지방법원 2018.11.07 2018고단2690

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

On August 10, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Seoul Eastern District Court on August 10, 2012, and the summary order of KRW 5 million for the same crime in the same court on January 26, 2018.

On July 28, 2018, the Defendant driven D 200 meters away from 0.165% of alcohol concentration among blood transfusions, which was driven by the Defendant, from 0.165% of 0.165% of alcohol concentration in Songpa-gu Seoul, Songpa-gu to 200 meters away from 00 meters away from 00 meters away from 19:30,000, to 200,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), and summary order-making statute;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against the Defendant’s recognition of the instant crime; the Defendant’s blood alcohol concentration was high at the time of the instant crime; the Defendant was punished four times due to drinking driving; and the Defendant’s character and conduct of the Defendant; and the circumstances of sentencing specified in the instant records and arguments, including the circumstances following the instant crime, shall be determined by comprehensively taking account of the following factors.