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(영문) 서울중앙지방법원 2018.11.02 2018고단5603

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 26, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Goyang Branch of the Jung-gu District Court, and completed the execution of the sentence on May 21, 2018.

On February 29, 2008, the Defendant issued a summary order of KRW 2,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on February 29, 2008, and was charged with summary crimes on August 10, 2018.

[Criminal facts] around 23:50 on July 18, 2018, the Defendant driven Cbenz’s car under the influence of alcohol content of about 0.080% from the 3.5km section of blood to the road located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to 00:03:03 on the following day.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant’s legal statement

1. Notice of the result of crackdown on driving drinking;

1. Application of the Act and subordinate statutes to the investigation report (overtime 8 to 11);

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 35 of the Criminal Act for aggravated repeated crimes;

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