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(영문) 서울남부지방법원 2018.05.31 2018고단123

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Branch on January 2, 2007, and on May 30, 2008, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving).

On December 17, 2017, around 22:49, the Defendant driven C rocketing car with a alcohol content of 0.117 percent in blood on the roads located in Yangcheon-gu Seoul Metropolitan Government B, with a alcohol content of 0.17 percent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver driving a drinking, notification of the results of regulating drinking driving, and a statement of control;

1. Previous conviction: References to inquiries, such as criminal history, investigation report (Attachment to the summary order of the same kind of power), and application of each of the statutes governing the 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 (the selection of punishment, mitigation of amount of punishment, suspension of execution, etc.), degree of alcohol by the defendant's blood alcohol, the defendant's previous convictions twice, the defendant's previous convictions for a considerable period from the last previous convictions, and following the crime of this case, the defendant's age, sexual behavior, environment, etc. are considered.