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(영문) 서울남부지방법원 2018.05.03 2018고단1297
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 June 26, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court on February 5, 2009, a fine of KRW 700,000 for the same crime in the same court on February 21, 2015, and a fine of KRW 2 million with the same crime in the same court on December 21, 2015, respectively.

Around March 23:36, 2018, the Defendant, while driving a drinking twice or more as above, driven CMas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas 8 while under the influence of alcohol content 0.067% from the front street of the apartment of Gangseo-gu Seoul Metropolitan Government to the Gyeyang-dong 435-2Gayang-dong, Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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 fourth sentence of Article 62-2 of the Criminal Act imposed on a person obliged to provide community service and attend lectures under the provision of Article 62-2 of the Act shall be imposed with imprisonment, and the execution of the sentence shall be suspended on the condition of taking social service and compliance driving lectures, taking into account the favorable circumstances, such as the following: (a) the degree of drinking is relatively low; (b) there is no criminal record other than drinking driving; (c) the Defendant’s age and family environment, etc. was lost due to the instant crime; and (d) the Defendant’s age and family environment, etc. was committed.

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

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