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(영문) 서울남부지방법원 2018.09.20 2018고단3653

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in support of the Sungnam-gu Friwon method, and on May 23, 2015, as a fine of KRW 2 million for a violation of the Road Traffic Act (driving on Drinking) in support of the Sungnam-gu Friwon method.

around 22:20 on July 12, 2018, the Defendant driven a B K7 car in the section of approximately 1.5 KK, while under the influence of alcohol content of about 0.092% in blood from the Hansan Station of Gangseo-gu Seoul Metropolitan Government to the old-ro of Gangseo-gu Seoul Metropolitan Government, Gangseo-ro 532.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related 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. There are favorable circumstances such as the fact that many people are under the control of driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that the last two of these electricitys have taken place in a relatively short period, or the fact that the drinking value is relatively high, or that there is no record of punishment heavier than that of suspension of execution.

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, but the social service and compliance driving lectures are taken.

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