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(영문) 서울서부지방법원 2018.07.12 2018고단1215

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 May 10, 2007, the Defendant was issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act at the Seoul Western District Court, and on October 12, 2015, the Defendant was issued a summary order of KRW 2,00,000 due to a violation of the Road Traffic Act (driving) at the Busan Western District Court’s Branch Branch Branch Branch Branch of the Incheon District Court.

On March 25, 2018, at around 07:33, the Defendant driven a bsben car with approximately 0.103% alcohol level in the section of about 2km from the 2km to the road in front of the new parking lot located in 35-lane 53, Yongsan-gu, Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Investigation report (the conversion of the actual time of black stuffs image time and the application of the said dic mark);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 suspended execution;

1. The punishment as ordered shall be determined in consideration of the overall circumstances such as the fact that there are three times the previous records of punishment due to drinking driving, including the previous records of the judgment on the grounds of sentencing under Article 62-2 of the Criminal Act, and the amount of drinking alcohol and the circumstances leading the driving of drinking;