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(영문) 서울동부지방법원 2018.06.21 2018고단679
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2018, the Defendant of 2018, the 2018 Highest 679, driven a Centent car at approximately 500 meters away from the road near Songpa-gu, Seoul, while under the influence of alcohol content of 0.160% during blood around 09:13, the Defendant driven a cent car in the direction of approximately 500 meters near the road.

On September 5, 2014, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Eastern District Court for a violation of Road Traffic Act (drinking), and was charged with the same crime with the Seoul Eastern District Court on March 14, 2018 and is currently under trial.

On April 1, 2018, the Defendant driven a vehicle with approximately KRW 7 km from the road near the Gangdong-gu Seoul Metropolitan Government Street to the road in the Hanam-si, Hanam-si, Hanam-si, Hanam-si, Seoul, with a alcohol content of KRW 0.122% during blood around 09:46.

Summary of Evidence

"2018 Highest 679"

1. Statement by the defendant in court;

1. Records of the measurement of drinking alcohol, reports on the detection of drivers of alcoholic beverages, and circumstantial reports on the circumstances of drivers of alcoholic beverages: "2018 Highest 1439";

1. Statement by the defendant in court;

1. Statement report, investigation report, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (a) and each copy of the judgment and written indictment shall be attached);

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), and the selection of imprisonment, respectively, for a criminal offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of a motor vehicle at once after being prosecuted for a violation of the Road Traffic Act (driving) and the circumstances that are favorable to the fact that the amount of alcohol concentration in blood is high: The defendant repents his/her wrong and reflects his/her wrong, and is also the defendant's age, sexual behavior, motive and means of committing the crime.

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