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(영문) 서울남부지방법원 2018.05.24 2018고단1428
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 6, 2009, the Defendant was issued a summary order of 700,000 won for a crime of violating the Road Traffic Act (drinking driving), and on July 11, 201, the Defendant was issued a summary order of 2.5 million won for the same crime at the Seoul Southern District Court, and on May 30, 201, issued a summary order of 5 million won for the same crime at the same court on May 30, 2013, and on October 2, 2013, the Defendant was sentenced to a suspended sentence of 8 months for the same crime by the same court.

[2] On February 6, 2018, Defendant 1, who violated Article 44(1) of the Road Traffic Act twice or more, driven a CSpo-type car under the influence of alcohol concentration of about 300 meters from the apartment parking lot located in Gangseo-gu Seoul Metropolitan Government to the 186-ro, Gangseo-gu, Seoul, with the distance of about 200 meters from the apartment parking lot to the 186-ro, Gangseo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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