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(영문) 서울동부지방법원 2017.10.18 2017고단2870
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

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 2,50,000 for a fine of KRW 2.5 million on November 3, 2009 for a violation of the Road Traffic Act (driving in drinking), and on February 10, 2012, the Seoul East District Court issued a summary order of KRW 4 million for the same crime at the Seoul East District Court on February 10, 2012, on two or more occasions.

[2] On August 22, 2017, at around 20:10, the Defendant driven B 2 cargo vehicles with approximately 30 meters alcohol concentration of about 0.191% in the 30-meter section from the 44 JON-ro, Seoul Special Metropolitan Gwangjin-gu, to the 47-3 future low-water nives parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place of business and a report on internal investigation (in addition to the above dmark numerical value);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of the investigation report (the same kind of force);

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. A consensus has already been formed on Article 62(1) of the Criminal Act on the suspension of execution (the harm caused by drinking driving is known to anyone and must be punished by a strict punishment).

Although there was a record of punishment twice or more due to drinking driving, the Defendant again committed a crime with a high drinking volume at a higher level, the Defendant made a confession and reflect on the unfavorable circumstances, and the fact that the Defendant seems not to have been subject to severe punishment exceeding the fine, respectively, was considered in consideration of the favorable circumstances.

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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