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(영문) 서울서부지방법원 2018.12.20 2018고단3245
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 February 21, 2007, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 21, 2007, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the same court on May 25, 2007.

On July 31, 2018, the Defendant, as a person who violated the provision prohibiting the driving of drinking more than twice as above, driven Benz automobiles under the influence of alcohol with approximately 0.087% alcohol concentration from around 300 meters to around 197 in the unification of Seodaemun-gu Seoul, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), and summary order-making statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of punishment heavier than a fine: The fact that the record of the same kind of crime was relatively old in 2007 or 2008, and that there has been two times of punishment due to drinking driving, and the fact that there has been two times of punishment due to driving without a license, taking into account all the sentencing conditions specified in the records and changes theory, such as the defendant's age, sex behavior, family relationship, and circumstances before and after the crime;

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