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(영문) 서울중앙지방법원 2018.10.19 2018고단3861
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

On June 3, 2018, while the Defendant was under the influence of alcohol level of 0.241% during blood transfusion around 02:00, the Defendant driven a burner car from the front of the road located in the Gangnam-gu Seoul Cheongdamdong 88-37, Gangnam-gu, Seoul, to approximately 200 meters in front of the road located in the same Gu Cheongdamdong 97-19.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes governing the record of drinking measurement;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 suspension of execution (i.e., confession and record of crimes);

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