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(영문) 서울중앙지방법원 2018.07.18 2018고단3107
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 February 18, 201, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving alcohol), etc. at the Seoul Central District Court on February 18, 201, and on March 26, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 2 million for a violation of the Road Traffic Act (driving alcohol) at the Seoul Northern District Court on March 26, 2015.

[2] On April 7, 2018, around 02:28, the Defendant driven DK7 car under the influence of alcohol content of 0.113% at approximately 120 meters at the entrance of the vehicle behind the c packing end car located in Seocho-gu Seoul Metropolitan Government, to the 267-ro Seoul Seoul Metropolitan Health Insurance Review Evaluation Institute’s Office, Seoul Seoul Metropolitan Area, with the same effect, at the entrance of the parking lot.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating drinking driving;

1. Application of second-class Acts and subordinate statutes of the summary order;

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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