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(영문) 서울남부지방법원 2018.10.30 2018고단4065
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 9, 2007, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law at the Seoul Southern District Court on October 1, 2008, KRW 1,000,000,000 as a fine for the same crime from the Busan District Court Branch Branch Branch of the Incheon District Court on October 1, 2008, KRW 3 million as a fine at the Seoul Southern Southern District Court on April 29, 2010, and KRW 6 million as a fine at the Seoul Southern District Court on December 19, 2013.

On July 13, 2018, around 01:21, the Defendant driven a B low-water vehicle with alcohol content of 0.202% from approximately 50 meters away from the 50m section of alcohol to the 253rd roads of the Gangseo-gu Seoul Metropolitan Government Hancheon-ro 341 subway 9, Yangcheon-ro, Yangcheon-ro, Seoul.

As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 is that the driving force of drinking alcohol is four times, and the drinking value is very high, etc. are disadvantageous to the defendant.

However, there are more favorable circumstances such as the absence of a punishment force other than drinking driving, and there is no record of suspended execution or more.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but the social service and compliance driving lectures are taken.

It is so decided as per Disposition for the above reasons.

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