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(영문) 서울남부지방법원 2018.10.04 2018고단3970

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, 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 February 18, 2016, the Defendant was issued a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in support of the development of a water source method source, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Central District Court on June 21, 2016.

Criminal facts

On July 20, 2018, the Defendant driven a vehicle B, with approximately 3.2km in the section of Geumcheon-gu Seoul Metropolitan Government, from the front edge of the “nivek-day two times” located in the Mayang-gu Mayang-si to the front edge of 94-1, while under the influence of alcohol content 0.136% among the blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the Defendant’s age, occupation, and family environment and other favorable conditions of sentencing prescribed in Article 51 of the Criminal Act, Defendant shall be sentenced to imprisonment with prison labor, but the execution of sentence shall be postponed on condition of taking lectures of community service and compliance driving lectures, in light of the following circumstances: (a) it is three times to regulate the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act; (b) these records have taken place in a relatively short period of time; and (c) it has a high drinking level; or (d) it is favorable that there is no history of punishment

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