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(영문) 서울남부지방법원 2018.04.24 2018고단1239
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On September 5, 2006, the Defendant was issued a summary order that imposes a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on September 5, 2006, and on April 1, 2011, the Seoul Southern District Court issued a summary order that imposes a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving).

Although the Defendant had driven alcohol at least twice as above, around March 9, 2018, around 23:59, the Defendant driven a vehicle with approximately 300 meters of alcohol level C in front of Gangseo-gu Seoul Metropolitan Government, while under the influence of alcohol level of 0.146% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: To inquire about criminal history and apply a copy of each summary order to Acts and subordinate statutes;

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

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