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(영문) 서울중앙지방법원 2018.12.11 2018고단6591
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 18, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 2 million for the same crime at the Incheon District Court on July 27, 2017.

around 08:27 on June 16, 2018, the Defendant driven CK7 cars under the influence of alcohol content of about 500 meters from the front side of the hotel in Gangnam-gu, Seoul, as the bankruptcy of Gangnam-gu, to the 459 Cheongdoro, according to the former bankruptcy.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. Statement report on the circumstances of a driver under driving, notification of the results of regulating drinking driving, and results of respiratory measurement;

1. A written statement of the occurrence of an accident by Kim U.S.

1. On-site photographs;

1. Previous convictions in judgment: Application of summary orders and inquiries about criminal history-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

2. 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).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

4. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had a relatively recent history of punishment for drinking driving on two occasions as indicated in the judgment of the defendant, it is not good that the crime has been committed again, and the amount of alcohol concentration in the blood of this case is very high, and the accident has occurred due to drinking driving, etc. is disadvantageous.

However, there is no record that the defendant has been punished as a suspended sentence or more, the defendant has reached an agreement by monetary compensation to the victims of the accident, and the defendant's age, sex, family relation, occupation, circumstances after the crime, etc. are shown in the trial process of this case.

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