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(영문) 서울남부지방법원 2018.05.24 2018고단1762
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

【The Defendant was issued a summary order of KRW 500,000 by the Changwon District Court on December 8, 2006 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 1, 2008, and issued a summary order of KRW 1,50,000 for a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 1, 2008, and on June 20, 2013, the Seoul Southern District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal facts, as indicated in the criminal records, the Defendant committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions on March 29, 2018, and operated a Cnew motor bicycle under the influence of alcohol leveling 0.143% in a section of approximately 300 meters of alcohol level in the front of Gangseo-gu Seoul Metropolitan Government B at around 23:30 meters of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

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

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