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(영문) 서울서부지방법원 2019.07.02 2019고단1453
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

Punishment of the crime

On August 9, 2011, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court of Seoul. On August 14, 2014, the Defendant was sentenced to a suspended sentence of KRW 2 million in August 201 and was sentenced to a suspended sentence of 2 years in February 4, 2015.

On 11:40 on 26.26.26.26., the Defendant driven C-hoer’s car in approximately 2 km section from the vicinity of the Seongbuk-gu Seoul Metropolitan Government Busan Metropolitan Government to the inside circulation in the Mapo-gu Seoul Metropolitan Government.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act for probation, community service, and order to attend a lecture [unfavorable circumstances] is likely to debrison the instant crime even though the Defendant had a record of three times or more due to drinking driving, etc. in the past.

[Ligue circumstances] The defendant is against the defendant's confession of the crime of this case.

The blood alcohol level at the time of the instant crime is relatively high.

No additional damage has occurred.

There is a family member to support.

The age, character and conduct, the environment, the motive and background of the crime, and the result of the crime.

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