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(영문) 서울서부지방법원 2018.10.04 2018고단2401
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 October 19, 2015, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic law (drinking driving) from the Seoul Northern District Court, and on February 3, 2017, a summary order of a fine of one million won or more for the same crime at the Seoul Northern District Court.

On June 4, 2018, while the Defendant was under the influence of alcohol content of 0.09% during blood transfusion around 00:10, the Defendant driven a B film vehicle from the vicinity of the Seocho-gu Seoul Metropolitan Government Station to the front of the 6.4km north-ro, Yongsan-gu, Seoul, the reading day from approximately 6.4km to the front of the 6.4km North-ro, Yongsan-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of alcohol alcohol or a report on the detection of a primary driver during blood transfusion (the result of blood collection);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 suspended execution;

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

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