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(영문) 서울동부지방법원 2018.04.04 2017고단4186

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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 February 20, 2014, the Defendant was punished by a fine of three million won for a violation of the Road Traffic Act at the Incheon District Court on February 20, 201, and a fine of five million won for the same crime at the Seoul Central District Court on October 24, 2014.

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (driving) as above, on December 4, 2017, around 03:18, the Defendant driven a Bra vehicle while under the influence of alcohol content of about 0.150% from the 200m-ro, Gangdong-gu, Seoul Special Metropolitan City, from the front side of the early 266,000-ro, Seocho-gu, to the front side of the same Gucheon-ro, 29:31, Gucheon-ro, Dongcheon-ro, 31, the same Gucheon-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual traffic accident and a report on the detection of the main driver;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 regarding orders to provide community service and attend lectures are as follows: (a) the Defendant was punished by a fine for driving without a license on June 16, 2014; (b) the Defendant’s blood content was relatively high; and (c) the Defendant’s blood content was in need of strict punishment when considering the risk of traffic accidents caused by driving under alcohol; and (d) other various circumstances, including the circumstances after committing the crime, on which the sentence was imposed as ordered, shall be determined by comprehensively taking into account the following circumstances.