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(영문) 서울남부지방법원 2018.02.22 2018고단153

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On December 21, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Suwon Flag Flag, which was sentenced to a fine of KRW 5 million for the same crime in the same court on July 11, 2008, and a fine of KRW 5 million for the same crime in the same court on December 26, 2013.

[2] On November 11, 2017, around 01:15, the Defendant driven a Bho-low-income vehicle under the influence of alcohol leveling 0.072% of alcohol leveling from approximately 15 km to the front road of the apartment complex located in Gangseo-gu Seoul, Gangseo-gu, Seoul. from the roads near Yongsan-gu Seoul Metropolitan Government, to the 1-ro, Gangseo-gu, Gangseo-gu, Seoul.

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 convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history) statute;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant has four times the driving force of drinking, the defendant has a record of traffic-related crimes, such as driving without a license or accident-free measures, and the fact that the police officer who had escaped to the extent of 3 km due to the non-compliance with the crackdown on drinking and who has been sprinked, was

However, there are favorable circumstances such as the fact that there is no history of probation or higher, the drinking value is relatively low, and there is a certain occupation, etc. that can be certain social ties.

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

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