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(영문) 서울동부지방법원 2018.05.17 2018고단747
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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 September 8, 2009, the Defendant was issued a summary order of KRW 3 million by the same court as a crime of violating the Road Traffic Act (drinking driving). On September 28, 2012, the Defendant was sentenced to a fine of KRW 8 million by the Seoul Central District Court for a crime of violating the Road Traffic Act (drinking driving).

[2] On February 14, 2018, around 03:38, the Defendant driven a B-car under the influence of alcohol content of 0.249% from the 10km section from the 10km section to the same road in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, to the same 445-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Stackers measuring alcohol and reports on drivers;

1. A traffic accident investigation report and an accident scene photograph;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (reports attached to the same force judgment against the suspect);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: The same crime has been committed once again even though the history of punishment for driving under drinking has been two times, and the amount of alcohol concentration in the blood is considerably high: The following circumstances are considered: The defendant's age, sex, motive, means and consequence of the crime, and the conditions for sentencing specified in arguments, such as the circumstances after the crime, etc.

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