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(영문) 서울중앙지방법원 2018.04.18 2018고단1123
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[criminal history] On August 4, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and on November 27, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Seoul Western District Court.

[Criminal facts] On February 13, 2018, at around 06:15, the Defendant driven a golf car in the state of alcohol concentration of about 0.097% in the 10km section from the place where it is not possible to know about 06:15, the Gwangjin-gu Seoul Special Metropolitan City (Seoul Metropolitan City) to 207, Seocho-gu, Seocho-gu, Seoul Metropolitan Government, thereby running a bsben golf car in the state of being under the influence of alcohol concentration of about 10km from the 10km section to the primary apartment road.

Ultimately, the Defendant driven a motor vehicle while under the influence of alcohol, as a person who was under the influence of alcohol, by violating the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (verification of criminal records, etc. of the same kind as the suspect), summary order, application of statutes of the judgment;

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 suspension of execution (i.e., confession and record of crimes);

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