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(영문) 서울서부지방법원 2018.04.19 2018고단731
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

[Power of crime] The defendant was sentenced to a summary order of KRW 700,000 for a crime of violating road traffic law at the Seoul Eastern District Court on February 1, 2008, and a fine of KRW 2,000,000 for a crime of violating road traffic law at the Seoul Central District Court on April 7, 2009 and was sentenced to a summary order of KRW 2,00,000 for a crime of violating road traffic law at the Seoul Central District Court on April 7, 200.

[2] On February 2, 2018, around 00:15, the Defendant driven BMW car under the influence of alcohol concentration of approximately 0.175% in blood at approximately 500 meters from the road near Mapo-gu, Seoul, Mapo-gu to the 45-ro, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 grounds for sentencing under Article 62-2 of the Criminal Act reflects the defendant's wrongness, and there is no record of crime exceeding the fine, and all other circumstances, including the defendant's age, sex, etc.

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