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(영문) 서울동부지방법원 2019.07.17 2019고단1506
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Seoul Eastern District Court on November 23, 2012, is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 4 million from the Seoul East Eastern District Court on March 12, 2013, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 12, 2013, and a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Jungbu District Court on August 9, 2016, respectively.

On April 13, 2019, at around 08:33, the Defendant driven Cpick car with a blood alcohol concentration of about 0.174% in the section of about 100 meters from the French land (hereinafter referred to as the “Saakdong”) to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the state of state of drinking driving, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that prescribes the applicable law to facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service order for sentencing under Article 62-2 of the Criminal Act: A dangerous offender who is likely to cause an unforeseen behavior not only his/her own life but also another person's life and family by raising the possibility of traffic accident; the defendant has been punished three times as stated in the records of the crime record; a relatively favorable circumstance is that the amount of alcohol content of the blood alcohol of this case is relatively high: The defendant led to the confession of the crime of this case and the mistake is divided; there is no past record of the suspended sentence or heavier punishment; the above circumstances, the defendant's family relationship, and the circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as set forth in the order.

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