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(영문) 서울중앙지방법원 2018.03.28 2018고단570
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 21, 2014, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 3 million for a crime of violating the Road Traffic Act, and a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 27, 2015, respectively.

On December 5, 2017, at around 09:20, the Defendant driven C’s Haak-ro 20% of alcohol concentration at approximately 0.185% in the 3km section from the road in Gangnam-gu, Gangnam-gu, Seoul, 588 to the road in front of about 309, the same Gu pressure-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The mark of the measurement of drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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