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(영문) 서울서부지방법원 2019.01.10 2018고단3546
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 October 7, 201, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on March 4, 201 and a fine of KRW 3 million on March 4, 2015.

【Criminal Facts】

On September 23, 2018, around 18:35, the Defendant driven a DM7 car in the state of alcohol alcohol concentration of about 0.169% in the section of approximately 28km from the 28km-gu, Seocho-gu, Seoul to the roads near the Manan-gu, Seomun-gu, Seoul.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle, etc. while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement and investigation report of a host driver (investigation into the Roymark Official Form);

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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