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(영문) 서울남부지방법원 2018.11.06 2018고단4433
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal record] On October 23, 2007, the defendant issued a summary order of 1.5 million won to a fine for a crime of violating road traffic laws at the Seoul Southern District Court on June 12, 2009, a summary order of 2.5 million won to a fine for a crime of violating road traffic laws (dacting driving) at the same court on June 12, 2009, and on February 20, 2014, the same court issued a summary order of 5 million won to a fine for a crime of violating road traffic laws (dacting driving) respectively.

[Criminal facts] On July 15, 2018, around 10:42, the Defendant driven HVS car in the state of alcohol alcohol leveling approximately 0.103% of alcohol level in the section of approximately 1.5km from the section of approximately 1.5 meters to the road near the Dongi-gu, Seodong-gu, Jindong-gu, Seoul Special Metropolitan City to the 33-50 square meters East-do, the same water route.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

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

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. The Defendant’s reasons for sentencing Article 62-2 of the Criminal Act, including the criminal records as indicated in the judgment, has a total of four times the driving force of drinking, and is a majority of the criminal records punished for other crimes.

Although a person was locked after drinking, he/she was driving after drinking.

One of them is driving under the influence of more than 0.1% in blood, causing serious risks to the safety of road traffic.

In addition to the above points, various sentencing conditions such as the defendant's age, sex, environment, drinking driving circumstances, etc. shall be considered and the sentence shall be determined as per the order.

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