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(영문) 서울동부지방법원 2018.05.17 2018고단451
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

Punishment of the crime

[criminal history] On January 4, 2013, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in support of Sungnam-gu Friwon, and on August 4, 2009, the Defendant was notified of a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving).

[2] On February 4, 2018, around 11:16, the Defendant driven a BCCOD EX-6 vehicle while under the influence of alcohol concentration of approximately 0.126% in the 8km section from the 8km to the 44km-dong, Songpa-gu Olympic Road, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Field control photographs;

1. A report on investigation;

1. Application of an inquiry letter, such as criminal history, and a copy of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has been punished three times due to drinking driving. In light of the fact that the drinking value of this case is high, the criminal liability of the defendant is heavy.

However, a judgment of suspension of execution shall be rendered in consideration of the circumstances such as the defendant's misjudgment and the defendant's absence of criminal punishment after 2013.

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