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(영문) 서울동부지방법원 2018.08.30 2018고단2018
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 13, 2011, the Defendant was issued a summary order of 2.5 million won for a violation of road traffic laws at the Seoul Northern District Court (drinking driving). On August 16, 2011, the Defendant was issued a summary order of 6 million won for a fine due to a violation of road traffic laws (drinking driving) at the same court.

[2] On May 31, 2018, the Defendant driven a motor vehicle from the front side of the C cafeteria located in Songpa-gu Seoul Metropolitan Government, Songpa-gu to the front side of the Seoul Songpa-gu D with approximately KRW 200 meters alcohol concentration at approximately 0.093% of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report on attachment of the same case's judgment);

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 (i.e., reflective points)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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