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(영문) 서울중앙지방법원 2018.09.12 2018고단3715

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

Punishment of the crime

Defendant

On February 1, 2012, a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 1 million from the same court on December 16, 2016 as a crime of violating the Road Traffic Act at the Seoul Central District Court on February 1, 2012, and a fine of KRW 1.5 million from the same court on December 16, 2016.

On June 8, 2018, at around 22:30, the Defendant driven Cben motor vehicle under the influence of alcohol content of 0.068% from the front of the Gangnam-gu Seoul Metropolitan Government Jeonnam Power Station to the front of the 131 Braziln in Dongjak-ro, Dongjak-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of a record of pulmonary measurement and the result of regulating drinking driving;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same record as the suspect);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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;

1. An order to attend a course under Article 62-2 of the Criminal Act;