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(영문) 서울중앙지방법원 2018.12.21 2018고단6954

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

[Power of crime] On April 13, 2007, the Defendant was issued a summary order of KRW 1,000,000 as a fine for a violation of road traffic law at the Suwon Flag Flag, and on August 22, 2008, a summary order of KRW 1,00,000 as a fine for a violation of road traffic law was issued by the Suwon Flag Flag, respectively.

[2] Around September 19, 2018, the Defendant driven B 9 automobiles under the influence of alcohol with approximately 0.160% alcohol concentration in blood from around 22 km to the New Distribution of Seocho-gu Seoul, Seocho-gu, Seoul to around 287.

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. Inquiries about the result of a short-term drinking driving;

1. Application of Acts and subordinate statutes to investigation reports;

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);