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(영문) 서울중앙지방법원 2019.01.04 2018고단6874

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Seoul Central District Court, and a summary order of KRW 4 million as a fine at the Seoul Western District Court on June 11, 2013, respectively.

On August 18, 2018, the Defendant was under the influence of alcohol with 0.145% of blood alcohol concentration around 02:56 on August 18, 2018, and was driving C cargo at approximately 2 km away from the distance of the Gangnamnam Station Seoul to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. A place where drinking alcohol is measured;

1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;