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(영문) 서울서부지방법원 2018.10.25 2018고단2423

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2008, the Defendant was issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Busan District Court's Branch Branch on October 1, 2008, and a fine of KRW 3,00,000 as a crime of violation of the Road Traffic Act (driving) in the Jungyang Branch Branch on June 21, 2018.

On June 18, 2018, the Defendant driven B-low-water car in the state of alcohol alcohol concentration of about 0.105% from the 1km section to the front road of the "Yanyang-gu Pyeongyang-dong," which is located in the Eunpyeong-gu Seoul Metropolitan City, for the purpose of the "Mool Capital Reduction" in the front road of the "Yanyang-gu, Gyeyang-gu, Seoul."

As a result, the Defendant violated the prohibition of drinking driving regulations twice, and drives a motor vehicle under the influence of alcohol again in violation of the above regulations.

Summary of Evidence

1. Statement by the defendant in court;

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

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 (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3)

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;