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(영문) 서울남부지방법원 2018.04.26 2018고단1337
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2] On April 26, 2012, the Defendant was issued a summary order of five million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Branch Branch on April 26, 2012, and on May 17, 2012, the Defendant was issued a summary order of five million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court’s Branch on May 17, 2012, and on May 14, 2015, issued a fine of five million won or more, and on May 14, 2015, was sentenced to two years of suspended sentence for six months as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Branch Branch on April 29, 2016, and was sentenced to a fine of ten million won or more.

[2] On February 11, 2018, at around 18:35, the Defendant driven a Gland of Gland, the alcohol concentration of which is 0.185%, while under the influence of alcohol level of 0.185%, from the construction site of the subgent University located in Dongjak-gu Seoul Metropolitan Government, 369, Gland of Geumcheon-gu to the front road of the Dong Center of Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of drinking alcohol measurement and a report on the detection of a main driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of each copy of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of driving, re-driving the alcohol regardless of the past record of driving alcohol, as stated in its reasoning.

In light of the fact that the defendant drinks in the vehicle and drives the vehicle as they are, the defendant seems to have continued to drive the vehicle under the influence of alcohol without any awareness of any crime, even though it is not subject to regulation or criminal punishment.

At the time of driving, the alcohol concentration level in blood was 0.185% and was in a condition.

For more official punishment, it is difficult to correct the character and conduct of the defendant.

It seems that it is difficult to protect society from the danger of drinking driving.

. The above.

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