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(영문) 서울동부지방법원 2018.05.31 2018고단609

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On November 21, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on November 21, 2007, the Seoul Southern District Court issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act.

[2] On February 12, 2018, around 23:35, the Defendant driven BMW 528i car under the influence of alcohol with approximately 300 meters alcohol concentration at approximately 0.188% in blood, from the 300m section of Seongdong-gu, Seongdong-gu, Seoul to the roads in front of the Sungdong-gu, Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (formers and confirmations), 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant was subject to a criminal disposition due to the crime of drinking two times, the defendant's age, occupation, sex, family relation, and circumstances before and after the crime, and the conditions of sentencing as shown in the records shall be determined in the same manner as the order.