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(영문) 서울동부지방법원 2019.01.11 2018고단3658
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal power is sentenced to a summary order of KRW 4 million by the Seoul Central District Court on November 11, 201, and on August 30, 201, the defendant was sentenced to a suspended sentence of KRW 4 million by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on August 30, 2012.

Criminal facts

Around 23:20 on October 12, 2018, the Defendant driven a motor vehicle with approximately KRW 1km E h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, a record of measurement, and an inquiry table about the results of the regulation of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report on attachment of the same type of electric power judgment) statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, has driven a vehicle under the influence of alcohol again even though he/she had six times (five times a fine and one time a suspended execution), was subject to criminal punishment due to drunk driving, and the liability for the crime is not easy.

However, the fact that the defendant recognized the crime of this case and reflected his mistake shall be considered as favorable to the defendant.

In addition to the above circumstances, the defendant's age, character and 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 trial process, shall be comprehensively considered and determined as ordered.

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