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(영문) 서울서부지방법원 2018.09.20 2018고단2069

도로교통법위반(음주운전)등

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

[criminal history] On November 23, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating road traffic laws at the Seoul Western District Court on November 23, 2007, and on May 10, 2018, the Defendant was sentenced to a summary order of 1.5 million won for the same crime at the Seoul Central District Court on May 10, 201, and was punished twice or more due to drinking driving.

[2] On June 8, 2018, around 00:46, the Defendant driven B vehicles with alcohol content of 0.122% under the influence of alcohol while the driver’s license was suspended in approximately 6km section from the front of the 310-day Seoul Metropolitan Government History to the front of the National Museum of Yongsan-gu, Yongsan-gu, Seoul to approximately 11-371.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;