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(영문) 서울남부지방법원 2018.09.20 2018고단3947

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 6 million as a crime of violating the Road Traffic Act at the Seoul Northern District Court on March 3, 201, and KRW 1 million with the same crime at the Seoul Southern District Court on January 6, 2017.

On July 19, 2018, the Defendant driven CK5 cars with approximately 200 meters alcohol content 0.091% in blood, from the road near the 3-dong iron 3-dong commercial area to the digital road before the 5-ro 5-luminous Police Station in the same city, at around 23:30 on July 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and measuring lifts;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Articles 148-2 (1) 1, 44 (1) 1, and 44 (1) 1 of the Road Traffic Act concerning criminal facts, the selection of a sentence of imprisonment with prison labor, or the selection of a sentence of imprisonment with prison labor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. There are more favorable circumstances such as the circumstance unfavorable to the Defendant, the history of the suspended sentence, the history of the punishment heavier than the suspended sentence, the fact that there was no criminal record other than the driving of drinking, and the fact that the drinking volume is relatively lower than that of the reasons for the suspended sentence under Article 62(1) of the Criminal Act ( considered as a favorable one among the reasons for the following sentencing).

In these various circumstances, the defendant is punished by imprisonment with prison labor and the execution of the sentence is suspended, considering the sentencing conditions under Article 51 of the Criminal Act, such as the age, occupation and family environment of the defendant.

It is so decided as per Disposition for the above reasons.