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(영문) 서울서부지방법원 2018.08.23 2018고단1995

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Seoul Eastern District Court on August 27, 2014, and was sentenced to a fine of five million won by the same court on December 11, 2015.

On June 8, 2018, at around 22:49, the Defendant driven a vehicle with C low alcohol concentration of about 800 meters from the Veneto the 14-lane 5-ro, Eunpyeong-gu, Seoul, to the front road of the Western church located in the same Gu and 306, with approximately 800 meters alcohol leveling to 0.150%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s records of having been punished several times due to drinking or non-licensed driving. In particular, the Defendant was sentenced to a suspended sentence due to drinking in 2014 as stated in the previous record of the judgment, and was sentenced to a fine in 2015 after being sentenced to a suspended sentence due to drinking during the period of the suspended sentence, but was sentenced to a fine in 2015, the Defendant again carried out driving of drinking in this case, and other circumstances, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as indicated in the order.