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(영문) 서울남부지방법원 2018.07.03 2018고단2323
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 May 12, 2018, at around 22:45, the Defendant driven B K5 cars while under the influence of alcohol with approximately 400 meters alcohol concentration from around 91-30 meters from May 12, 201 to around 91-30, Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of regulations and photographs at the scene of regulation;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on March 30, 2017, the Defendant, who had been punished by a fine for drinking on March 30, 2017, one year prior to the suspension of execution, once again, is driving under drinking in a state of drinking exceeding 0.2% of alcohol level during blood, taking into account various factors such as the Defendant’s age, sex, environment, and circumstances leading to driving under drinking, etc., and determine the sentence as ordered.

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