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(영문) 서울중앙지방법원 2018.06.08 2018고단1849
도로교통법위반(음주운전)
Text

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 March 16, 2015, the Defendant is a person who violated Article 44(1) of the Road Traffic Act twice by receiving a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 16, 2015, and a fine of KRW 4 million for the same crime from the Vice-Support of the Incheon District Court on July 1, 2016, respectively.

On March 16, 2018, while the Defendant was under the influence of alcohol content of 00:28% during blood transfusion, the Defendant driven a B SP car within approximately 100 meters from the roads in Seocho-gu Seoul, Seocho-gu, Seoul to the roads in front of 160 meters in accordance with the same Gu’s action.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of measuring the suspect's drinking alcohol;

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

1. References to inquiries, such as criminal history, and the application of the judgment text;

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;

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