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(영문) 서울남부지방법원 2018.04.19 2018고단168
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 December 29, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on September 2, 2014, the Defendant was issued a summary order of 4 million won for the same crime at the same court.

On November 25, 2017, around 06:19, the Defendant driven a B-hand car with alcohol concentration of about 0.101% at a distance of about 2 meters from the parking lot installed near the Democratic Party, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to the streetlight installed in the front of the Democratic Party.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a written statement on the occurrence of each traffic accident;

1. On-the-spot statement report, notification of the results of crackdown on drinking driving: He/she shall make inquiries, such as criminal history, reply to inquiries, details of inquiries about management of principal reports, and application of Acts and subordinate statutes to investigation reports (the confirmation report on the records of crimes committed in the same species);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In light of the fact that the grounds for sentencing under Article 62-2 of the Criminal Act (the selection of a sentence, the amount of a punishment, the mitigation of a sentence, the suspension of execution, etc.) of the order to attend a lecture are three cases, imprisonment shall be inevitable, regardless of the degree of alcohol level and driving distance, regardless of whether the defendant has a criminal record of the same kind of fine. However, the execution of a sentence shall be postponed in consideration of the details and details of the crime, the circumstances before and after the crime was committed, the defendant's age, sexual conduct

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