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(영문) 서울중앙지방법원 2018.11.30 2018고단6515
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 6, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law at the Suwon Flag Flag, and on October 27, 2008, a fine of KRW 1,50,000 as a fine for a violation of road traffic law at the Seoul Central District Court on October 27, 2008. On October 19, 2012, the Defendant was sentenced to a fine of KRW 7,00,000 as a fine for a violation of road traffic law at the Seoul Central District Court.

[Criminal facts] The Defendant is under the influence of alcohol level of 0.139% from blood around September 4, 2018 at around 03:30 on September 4, 2018, and is in the Gangnam-gu Seoul Metropolitan Government Newdong

From the beginning of the week to the end of 330 meters of the bankruptcy of Gangnam-gu Seoul, Brane car was driven from approximately 200 meters of the area.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

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 investigation report (verification of 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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