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(영문) 서울중앙지방법원 2018.10.11 2018고단3234

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 December 11, 2009, the Defendant was sentenced to a summary order of KRW 2 million with a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the support for the development of a water source method, and a summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime at the Seoul Central District Court on September 25, 2013.

On March 4, 2018, the Defendant, while under the influence of alcohol content of 0.112% during blood transfusion around 06:13, the Defendant, from the long-term road near Kimpo-si, Kimpo-ro to the front road of the Seoul Seocho-ro 5-3 Transport Center, driven a car by car C at approximately 25km.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (Attachment to a copy of a summary order);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;