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(영문) 서울중앙지방법원 2019.06.25 2019고단3058
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

[Criminal Power] On December 23, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on December 23, 2009, and was sentenced to a fine of KRW 2 million for the same crime at the Seoul Eastern District Court on June 27, 2014.

【Criminal Facts】

On March 10, 2019, the Defendant, while under the influence of alcohol of 00:27% of blood alcohol concentration, driven a BM5 vehicle from around 500 meters away from the adjacent road of Sungnam-si, Sungnam-si to the front road of the 0.06% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Reporting on detection of a violation of the Road Traffic Act;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, each summary order, and application of statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture has not led to an accident, the fact that the number of drinking alcohol in this case is not high, the defendant's failure to drive alcohol in this case, and the fact that the defendant disposed of the vehicle, etc. are favorable to the defendant, considering the fact that the defendant has been punished three times as a non-licensed driving in the event that his license was revoked due to drinking driving while repeating the driving under the influence of alcohol, the defendant's age, character, character, environment, motive, means, means and consequence of the crime, etc., and the punishment as ordered shall be determined by taking into account the various conditions of sentencing as shown in the argument

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