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(영문) 서울남부지방법원 2018.10.30 2018고단4154

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 December 2, 2009, the Defendant issued a summary order of KRW 1500,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on December 2, 2009, and KRW 1,50,000 as a fine for the same crime from the Sugsan Support on April 21, 201.

On June 29, 2018, around 03:21, the Defendant driven a Clearning car under the influence of alcohol with approximately 0.131% of alcohol concentration in blood from around the 4km road in Geumcheon-gu Seoul Metropolitan Government from the Do in front of the digital unit area to the Dong-ro, Geumcheon-gu, Seoul Metropolitan Government.

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 circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-1 (1) 1 and Article 44-4 (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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act requires two times the driving force of drinking alcohol, and the fact that drinking value is relatively high is disadvantageous to the defendant.

However, there are favorable circumstances such as there is no criminal history other than drinking driving, and there is no proxy engineer, and it has become a driver due to the working of the city.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor and that the defendant is attending a compliance driving lecture.

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