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(영문) 서울서부지방법원 2018.08.23 2018고단1234
도로교통법위반(음주운전)
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

On June 27, 2006, the Defendant was sentenced to a summary order of KRW 700,000 for a crime of violating the Road Traffic Act (drinking driving), and the Defendant was sentenced to a summary order of KRW 1,000,000 for the same crime in the same court on July 27, 2009 and was sentenced to a summary order of KRW 1,00,000 for the same crime on two or more occasions due to drinking.

On March 28, 2018, at around 05:20, the Defendant driven B Poter truck with alcohol content of about 1km from around 418-18, Eunpyeong-gu, Seoul to the front of the Pyeongtaek-gu, Eunpyeong-gu, Seoul, and around 962, while under the influence of alcohol content of about 0.104% from around 1km to the front of the Pyeongtaek-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there are three times the records of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the punishment as ordered shall be determined by taking into account all the circumstances;

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