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(영문) 서울중앙지방법원 2018.10.31 2018고단4784
도로교통법위반(음주운전)등
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 became final and conclusive.

Reasons

Punishment of the crime

On October 24, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 4 million for the same crime on February 10, 2014, from the support of the Suwon Friwon, to a fine of KRW 1 million for the same crime.

1. On June 25, 2018, the Defendant was under the influence of alcohol content 0.121% during blood transfusion around 00:31, the Defendant driving a two-wheeled vehicle at approximately KRW 700 meters from the front of the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government to the front of the “E” located in Seocho-gu Seoul Metropolitan Government.

As a result, the defendant was punished twice or more due to drinking, but he again driven the drinking.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the above urine, which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the result of crackdown on driving alcohol;

1. Inquiry into mandatory insurance;

1. Application of two copies of inquiries, such as criminal history, and copies of summary order;

1. Selection of criminal facts under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and each of the imprisonment options under Article 148-2 of the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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