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(영문) 서울중앙지방법원 2018.06.01 2018고단2285
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 April 14, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Seoul Southern District Court, and a summary order of KRW 2 million for the same crime at the Incheon District Court on August 6, 2014, respectively.

[2] On March 8, 2018, around 23:33, the Defendant driven a BM6 vehicle under the influence of alcohol content of 0.236% while under the influence of alcohol from around about 4km to about 0.236% of alcohol content in blood, from around 23:3, 2018 to around 278, Seocho-gu Seoul Metropolitan Government (SM6 vehicle), Seocho-gu, Seoul.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the report of investigation (the same kind of power);

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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