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(영문) 서울중앙지방법원 2018.09.07 2018고단3858
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 April 11, 2006, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on June 25, 2014, the Defendant received a summary order of KRW 3,00,000 from the Seoul Western District Court to a fine of KRW 3 million for the same crime and received three times of drinking.

[2] On May 19, 2018, around 00:25, the Defendant driven the EMW vehicle under the influence of alcohol with approximately 30 meters alcohol concentration 0.133% from the 30m section from Gangnam-gu to the 514th road, Gangnam-gu, Gangnam-gu.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense (to be punished by imprisonment with prison labor in consideration of the past record of the same type of crime, blood alcohol concentration, etc.);

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 (the confession and the records of the same kind of crime);

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