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(영문) 서울동부지방법원 2018.06.08 2018고단1091
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 26, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 26, 201, and a summary order of KRW 4 million for the same crime at the same court on April 11, 2016.

Criminal facts

On February 25, 2018, the Defendant driven D's low-income motor vehicle under the influence of alcohol content of about 0.183% in a section of approximately 300 meters in alcohol at the front of the luminous Police Station located digitally in the same city from the place near the Hansan-dong Commercial Area in the light view of 06:46 on February 25, 2018.

In this respect, the defendant was punished by drinking more than twice, and he was also driving a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A mark of measurement of alcohol concentration among bloods;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the fact that the person subject to investigation has been punished for driving under drinking not less than twice);

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 Code of the community service order is that the defendant driving a vehicle under the influence of alcohol even though he/she has been subject to criminal punishment twice due to drinking, and the liability for the crime is not less and less.

However, the defendant recognized the crime of this case, and there is no record of criminal punishment exceeding the fine.

The above circumstances are considered as favorable to the defendant.

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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