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(영문) 서울중앙지방법원 2018.06.14 2018고단2423

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 19, 2009, the Defendant was notified of a summary order of a fine of three million won for a crime of violating road traffic law at the Seoul Western District Court on the grounds of a violation of road traffic law. On September 8, 2010, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic law at the Seoul Southern District Court, and on January 12, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Seoul Southern District Court on the grounds of a violation of road traffic law. On November 7, 2014, the Defendant was sentenced to a suspended sentence of two years for a suspended sentence of eight months for a violation of road traffic law (driving), and was sentenced to a suspended sentence of two years for a violation of road traffic law at the Ulsan District Court on August 8, 2014.

Criminal facts

On March 8, 2018, at around 04:20, the Defendant, at around the residence of the Defendant located in Dongjak-gu Seoul Metropolitan Government, driven the Ckiki knick, which is owned by the Defendant, under the influence of alcohol content of about 8km from around 157-ro 1 to about 157-ro 1, Seoul Special Metropolitan City, Nowon-gu, the Defendant driven the Ckiki knick with alcohol content of about 0.075%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a driver of a vehicle driving, notification and inquiry of the results of regulating drinking driving, and report on detection of the driver of the vehicle driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (verification, etc. of the history of driving a suspect's drinking alcohol), five copies of the judgment, and a summary order;

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 defendant with reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act has been punished several times for the same type of crime, and the fact that the defendant again committed the crime of this case even though he/she had been sentenced to a suspended sentence or higher even though he/she had been sentenced to a suspended sentence is unfavorable circumstances, the fact that he/she is against the time of committing the crime, and the fact that the alcohol concentration level in blood is not significantly high shall be considered as favorable circumstances.