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(영문) 서울남부지방법원 2018.10.30 2018고단4714
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 3, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic laws in the Incheon District Court’s Branch. On December 10, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic laws at the Seoul District Court’s Seoul District Court, and on March 20, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws at the Seoul Southern District Court. On December 10, 2015, the Defendant was released on December 23, 2016 and the period of parole passed on March 11, 2017.

[2] On December 22, 2018, the Defendant driven D U-A-D motor vehicle with approximately 50 meters alcohol concentration at approximately 0.119% while under the influence of alcohol on the road in Gangseo-gu Seoul Metropolitan Government, from around 22:25, 2018 to the road in the front of Gangseo-gu Seoul Metropolitan Government C.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, notification of the results of regulating drinking driving, and inquiry into the results of regulating drinking driving;

1. Previous convictions: Application of response 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 35 of the Criminal Act of aggravated repeated crimes has grown in home environment where it is difficult to determine the sentencing, but efforts are made to lead a normal social life with a certain occupation, and the fact that there is no record of punishment other than those related to drinking driving, etc. is favorable to the defendant.

However, there is a large number of alcohol driving skills, and there are unfavorable circumstances such as the fact that the same is a repeated offense, and the amount of drinking is high.

In full view of these various circumstances, the defendant shall be punished by imprisonment with prison labor, taking into account the following factors: the defendant's age and occupation;

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

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