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(영문) 서울중앙지방법원 2018.06.08 2018고단1981

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 November 22, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on October 23, 2012, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime in the same court, etc.

On March 1, 2018, around 18:10, the Defendant driven a BSP car under the influence of alcohol with approximately 0.069% of alcohol concentration at a distance of about 2km from the upper world of the Gangnam-gu Seoul, Gangnam-gu, Seoul to the 82-6 Olympic Winter-do, Seocho-gu, Seoul, the Dokwon-dong, the 82-6 Olympic Winter-do, the Republic of Korea-do, the Dokwon-dong, the Dokwon-dong, the Republic of Korea-do, and the Republic of Korea-do, the Republic of Korea-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the previous conviction and related judgments) and statutes;

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

1. Selection of imprisonment with prison labor chosen;

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 community service order under Article 62-2 of the Criminal Act;