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(영문) 서울남부지방법원 2018.02.06 2018고단209
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 April 4, 2011, the Defendant was issued a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law at the Seoul Southern District Court, and KRW 2,00,000 as a fine at the Incheon District Court on February 24, 2014, respectively.

On December 15, 2017, around 22:50 on December 15, 2017, the Defendant driven B Poter truck under the influence of alcohol content of about 600 meters from the distance of approximately 600 meters in blood to the south-ro 100-ro, south-gu, Seoul.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven the above cargo while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers of drinking alcohol and inquiry about the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the driving force of drinking alcohol, and the degree of drinking that the degree of drinking is not somewhat unfavorable to the defendant.

However, there are more favorable circumstances such as having no criminal record of probation or higher, and maintaining a smooth social relationship with a certain occupation.

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.

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