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(영문) 서울중앙지방법원 2018.03.14 2017고단8982
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On June 20, 2007, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic laws at the Jungwon District Court on June 20, 2007, and a summary order of KRW 3.5 million with a fine of KRW 3 million due to a violation of road traffic laws at the Changwon District Court on February 12, 2013.

[Criminal facts] On December 10, 2017, the Defendant driven B SP car under the influence of alcohol content of approximately 0.094% from the 200m section to the front road of the cultural park located in the same Dong and Dong-dong, Dong-dong, U.S., Dong-dong, U.S., Dong-dong, U.S.

As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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 suspension of execution (i.e., confession and record of crimes);

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