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(영문) 서울중앙지방법원 2018.10.26 2018고단5119
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 July 25, 2013, the Defendant received a summary order of KRW 1,50,000 from the Seoul Southern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, on November 3, 2014, a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act at the Incheon District Court, and on June 16, 2015, a fine of KRW 6,00,000 as a penalty of violating the Road Traffic Act at the Seoul Southern District Court.

[2] On February 4, 2018, the Defendant, while under the influence of alcohol content of 00:20% in blood, driven Bsch Rexton vehicles at approximately 150 meters in the section of 150 meters in front of Gwanak-gu, Seoul Special Metropolitan City on the road in the vicinity of the 31st Scar of Gwanak-gu, Seoul Special Metropolitan City on the 31st of the 282nd of the 282nd of the road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant’s legal statement

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of each summary order Acts and subordinate statutes;

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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