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(영문) 서울동부지방법원 2018.08.24 2018고단1963
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 July 9, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law in support of the Sungnam-gu Friwon, and on November 18, 2013, the same court issued a summary order of KRW 5 million as a fine for a violation of road traffic law (driving) in the same court.

Criminal facts

On June 2, 2018, the Defendant, while under the influence of alcohol content of 0.207% during blood transfusion on June 2, 2018, driven a body vehicle into D in the front of the apartment house of Seongdong-gu Seoul, Seongdong-gu, Seoul, with a 373-ro reading day, in approximately 10 meters on the front of the apartment house.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and output of the measurement of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous summary order) statute;

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 on the part of the defendant was that the defendant was subject to the criminal punishment on the part of his/her driving under the influence of alcohol twice (two times a punishment) and that he/she was subject to the criminal punishment on the part of his/her driving under the influence of alcohol once (one time a punishment for a punishment). The amount of alcohol concentration in the blood of the defendant at the time of driving under the influence of alcohol is very high to 0.207%, and the number of alcohol concentration in the blood of the defendant at the time of driving under the influence of alcohol was high to 0.20%, and even if he/she causes an accident on the part

However, the circumstances favorable to the defendant include: (a) the defendant recognized the crime of this case against his mistake; (b) the distance from driving under the influence of alcohol was shorter; and (c) the fact that there was no record of punishment for driving under the influence of alcohol until the previous year of this case after the criminal punishment for driving under the influence of alcohol was imposed in 2013.

. The above.

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