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(영문) 서울남부지방법원 2018.04.26 2018고단328

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 April 2, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on April 2, 2010, and on January 18, 2013, the same court was sentenced to a suspended sentence of 2 years for the six months of imprisonment for the same crime and violated the Road Traffic Act on more than two occasions due to drinking driving.

Nevertheless, on January 5, 2018, the Defendant driven BM7 car in the state of alcohol alcohol concentration of 0.121% at a two-lane distance from the high village of Kimpo-si to the five-lane of Gangseo-gu, Seoul, Gangseo-gu, Ganpo-si, Kimpo-si, to the five-lane street.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of reply to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 include the defendant's drinking operation of alcohol and the recovery and contents of criminal records related to traffic, the degree of alcohol in blood, the defendant's age, sexual behavior, environment, etc.