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(영문) 서울서부지방법원 2019.01.10 2018고단3087
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 power] On March 8, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Jung-gu District Court on March 8, 2012 by a fine of KRW 1.5 million and a fine of KRW 3.5 million by the Jung-gu District Court on November 2, 2012.

【Criminal Facts】

On July 17, 2018, at around 03:08, the Defendant driven a e-sports car with a blood alcohol concentration of about 0.172% from the C drinking house parking lot located in Yongsan-gu Seoul Metropolitan Government to the front road of Mapo-gu Seoul Metropolitan Government.

As a result, the Defendant violated the prohibition of drinking driving at least twice, and drives a motor vehicle, etc. under the influence of alcohol, in violation of the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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