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(영문) 서울중앙지방법원 2018.11.28 2018고단5950

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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, 2009, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of road traffic law (drinking driving) in the support of the Suwon Flag Flag method, and on November 30, 201, the Defendant was sentenced to a suspended sentence of two years for six months on the ground of a violation of road traffic law (drinking driving) in the support of the Daejeon District Court Seosan District Court.

On August 5, 2018, at around 09:30, the Defendant driven a C-5 car under the influence of alcohol concentration of about 0.156% from the 3km section from the entrance station at the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City to the front road at the Gwanak-gu, Seoul Special Metropolitan City.

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. A certificate for measuring drinking alcohol;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;