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(영문) 서울동부지방법원 2018.10.19 2018고단2751
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On June 9, 2011, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the summary order on September 29, 201, and a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on September 29, 201.

Criminal facts

On August 12, 2018, the Defendant driven a car with B, under the influence of alcohol with approximately 0.072% alcohol concentration at a section of approximately 1km from the front side of the amambro-dong, Sinnam-si, Sinnam-si, Busan, to the lower side of the 514th road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the defendant was that the defendant driven a vehicle while under the influence of alcohol, even though he was subject to criminal punishment twice (two times a punishment) due to driving under drinking, and the criminal liability of the defendant is not weak.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects his mistake, and that there was no record of criminal punishment exceeding the fine during that period.

The above circumstances include the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all other circumstances constituting the conditions for sentencing as shown in the instant records and the trial process.

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