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(영문) 서울중앙지방법원 2018.11.14 2018고단5951

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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

[criminal history] On February 2, 2007, the Defendant was issued a summary order of KRW 1,00,000 by the Seoul Eastern District Court as a crime of violating road traffic laws (drinking driving), and on November 8, 2013, the Seoul Central District Court issued a summary order of KRW 1,50,000 as a crime of violating road traffic laws (drinking driving).

[2] On August 3, 2018, the Defendant driven a Ediber sports 2.0D car with approximately 200 meters alcohol concentration at approximately 0.170% while under the influence of alcohol from the C parking lot located in the Gunsan City B to the D hotel in the Gunsan City.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and record of crimes);