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(영문) 서울남부지방법원 2018.07.26 2018고단2557
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 January 29, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on January 29, 2015 and KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 27, 2015.

On April 18, 2018, the Defendant, while under the influence of alcohol content of 0.114% during blood transfusion, driven B rocketing car at approximately 5km from the roads near the new road in Yeongdeungpo-gu Seoul Metropolitan Government, to the roads front of the new future convalescent hospital, as the Yangcheon-gu Seoul Metropolitan Government National Assembly, to approximately 234 new future convalescent hospitals.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the following circumstances: (a) it is three times to regulate the operation of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) it takes place in a relatively short period of time; (c) it is relatively high in drinking value; (d) it has no record of criminal punishment other than drinking driving; and (e) the Defendant’s age, occupation, family environment and other favorable conditions of sentencing under Article 51 of the Criminal Act, including the Defendant’s age, occupation, and family environment, the Defendant shall be sentenced to imprisonment and the execution of the sentence shall be suspended on condition of social service and compliance instruction.

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

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