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(영문) 서울동부지방법원 2018.10.19 2018고단2792
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On October 31, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on June 20, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam branch of the Suwon District Court on June 20, 201.

Criminal facts

On May 12, 2018, around 22:30 on May 12, 2018, the Defendant driven CNA car while under the influence of alcohol concentration of about 0.088% in blood at approximately 50 meters from the parking lot on the ground of Songpa-gu Seoul building B to the parking lot of the first floor underground.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A survey report on actual conditions;

1. A report on the detection of drinking records and a driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order of the same kind to the suspect) Act and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant driving a vehicle under the influence of alcohol even though he/she has been subject to criminal punishment on several occasions due to driving of alcohol, and the defendant's liability for the crime is not minor.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects his mistake, the distance of driving alcohol was relatively short, and the fact that there was no record of criminal punishment exceeding the fine during that period.

In the above circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and all the circumstances constituting the conditions for sentencing as shown in the instant records and the trial process, shall be comprehensively considered, and the sentence shall be determined as ordered.

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