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(영문) 서울서부지방법원 2018.08.30 2018고단1648

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

On February 2, 2007, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court, and on April 14, 2014, the Defendant issued a summary order of KRW 3 million as a fine for the same crime at the same court.

On May 15, 2018, at around 13:07, the Defendant driven a BS-type car under the influence of alcohol leveling 0.179% from the 7km section of alcohol leveling from the 7km to the 5-ro 8rd road of Eunpyeong-gu Seoul Metropolitan Government, Gayang-dong around May 15, 2018.

Summary of Evidence

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

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (a point that has no record of the same kind before and after the judgment, has recognized a mistake and reflects it);

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

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;