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(영문) 서울동부지방법원 2019.10.16 2019고단2739

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on October 23, 2008, the Defendant received a summary order of KRW 2 million as a fine for the same crime from the subsidiary branch court of the Incheon District Court.

On June 21, 2019, at around 14:25, the Defendant driven an E Spo vehicle in the state of alcohol with a blood alcohol concentration of 0.268% 0.268% in the section of approximately 74 km from the front side of C in Innju City B to the same Gu D apartment static road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, and a detailed statement handling cases of 112 reported matters;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) the high possibility of traffic accidents; (b) the Defendant’s blood alcohol concentration was considerably high; (c) the Defendant was punished twice a fine due to drunk driving as stated in the judgment of the court; and (d) the sentencing conditions in the trial of this case, such as the circumstances after the crime, are comprehensively taken account of the following factors.