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(영문) 서울동부지방법원 2018.11.22 2018고단3005
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 17, 201, the Defendant was punished twice or more due to drinking alcohol driving by receiving a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking) at the Seoul Eastern District Court on March 16, 201, and a summary order of KRW 5 million for the same crime at the Seoul East East District Court on March 16, 2012.

[2] On July 6, 2018, the Defendant was under the influence of alcohol content of 0.134% during blood transfusions on July 6, 2018, and was driving a BWD car in the section of about 5km from the front day to the front day of the food falling under the “use falling away,” located in 49-5, Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul, for about 442 meters in the same way as Gwangjin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Report on the occurrence of a traffic accident, and vehicle photograph;

1. A report on the detection of the driver at home and a written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reports;

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. 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. The grounds for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant has been subject to a criminal disposition due to drinking driving two or more times, the fact that the drinking value of this case is high, the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and the sentence like the order shall be determined by taking into account the following circumstances

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