(영문) 서울동부지방법원 2019.10.16 2019고단2510

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.10.16 2019고단2510

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 April 18, 2016, the Defendant is a person who received a summary order of a fine of KRW 3 million from the Seoul Eastern District Court as a violation of the Road Traffic Act.

On July 6, 2019, around 09:45, the Defendant driven a vehicle with C K7 vehicle under the influence of alcohol of about 0.070% in the section of about 3 km from the front of Songpa-gu Seoul to the 101 Mamaro-ro, Songpa-gu, Seoul, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving under the influence of alcohol constitutes a dangerous criminal due to the high possibility of traffic accident, which may lead to not only one person's life and family, the defendant has been punished twice due to drinking driving in 2003 and 2016: The defendant has no record of being punished more than a suspended sentence; the defendant has no record of being punished more than a suspended sentence; the defendant's blood alcohol concentration was very high; and the above circumstances and the circumstances of the crime in this case, including the background and time of the crime, control time, and the circumstances after the crime, etc., shall be comprehensively determined as the sentence as set forth in the Disposition.

참조조문

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