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(영문) 의정부지방법원 고양지원 2018.08.23 2018고단1651

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 15, 2010, the Defendant was issued a fine of KRW 2,000,000 for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court). On April 20, 2015, the Defendant was issued a fine of KRW 1,50,000 for the same crime.

On May 25, 2018, the Defendant was under the influence of alcohol content of 0.114% during blood transfusions. On May 25, 2018, the Defendant driven Brentoon car at the section of approximately 1 km from the front of a mutually influent restaurant located in the Soyang-gu, Soyang-gu to the front of the 62 luxian high school on the same Gu map.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. A written appraisal of alcohol during blood;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning criminal facts as to the option of punishment (the selection of imprisonment, the same criminal records, the degree of alcohol in blood, and the circumstances of driving);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;