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(영문) 서울서부지방법원 2019.03.26 2019고단81
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 July 1, 2005, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of the Road Traffic Act, on May 24, 201, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, on January 2, 2012 at the Sungwon District Court's Sungnam Branch's Sungnam Branch's support on January 2, 201, and on September 4, 201, a summary order of KRW 2.5 million for a fine of KRW 2,50,000 for a crime of violation of the Road Traffic Act has been suspended for six months.

On November 25, 2018, at around 10:25, the Defendant was under the influence of alcohol with 0.139% of alcohol level, and the Defendant was driving Benz car at approximately 6 km from the roads near the Gangnam-gu Seoul Metropolitan Government Station to the roads near the Hannam-dong, Yongsan-gu Seoul Metropolitan Government.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Previouss before and after judgments: Criminal records, inquiry reports, confirmation of the same kind of force, judgment, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Code for providing community service and attending lectures is driving a motor vehicle under the influence of alcohol in spite of the fact that the defendant had already been subject to criminal punishment at least four times due to the same kind of crime, and the nature and circumstances of the crime are not good.

At the time of the instant crime, the blood alcohol concentration was relatively high.

However, the defendant has not committed a second offense because he or she was able to repent of his or her mistake.

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