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(영문) 서울남부지방법원 2018.12.18 2018고단5109

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On July 11, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on May 6, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

[2] On September 28, 2018, the Defendant driven a H Spane-type car with approximately KRW 500 meters alcohol concentration of 0.09% while under the influence of alcohol level from approximately 500 meters to the road near the 357 Airport Confection Station, according to the former airport, around 22:40 on September 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the defendant will dispose of his/her vehicle and will no longer drive it;

The circumstances after the crime are taken into account, such as the fact that the defendant's age, sex, environment, etc., and the sentence is imposed as ordered by considering the sentencing conditions such as the defendant's age, sex, and environment.