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(영문) 서울남부지방법원 2019.01.29 2018고단5506
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

[criminal power] On January 23, 2007, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Seoul Southern District Court, and on July 4, 2011, the Defendant issued a summary order of three million won or more for a violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Busan District Court's Branch, and on August 27, 2015, the Defendant issued a summary order of seven million won or more for a violation of the Road Traffic Act.

【Criminal Facts】

On October 12, 2018, the Defendant was under the influence of alcohol of 00:31% for blood alcohol concentration 0.185%, and the Defendant driven Chyd vehicle at approximately approximately 300 meters from the front side of the Gangseo-gu Seoul Metropolitan Government old registry office, to the road of the same Gu Babel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Notification of the result of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a copy of criminal records and a summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence of the order of education and the order of community service as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act is to be imposed in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment and criminal record, even though the defendant had been punished for drinking at least three times.

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