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(영문) 서울남부지방법원 2018.06.19 2018고단2172

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2009, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch branch on January 2, 2009, and on May 18, 2016, the Defendant was issued a summary order of four million won for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

The Defendant, as seen above, has violated Article 44(1) of the Road Traffic Act more than twice again, driven BM5 cars while under the influence of alcohol content of about 0.101% in the 5km section from around April 18, 2018 to around 532, Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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;