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(영문) 서울서부지방법원 2018.09.13 2018고단2074
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 April 21, 2015, the Defendant issued a summary order of KRW 3,000,000 for a crime of violating the Road Traffic Act at the Seoul Western District Court on April 21, 2015, and on June 3, 2016, the Defendant issued a summary order of KRW 4,000,000 for a crime of violating the Road Traffic Act (driving) at the Seoul Northern District Court on June 3, 2016, and was punished for driving under drinking two or more times.

On May 20, 2018, at around 00:24, the Defendant driven a Bice-type car under the influence of alcohol with approximately 0.072% of alcohol concentration from the 1km section of Eunpyeong-gu Seoul to the 423-16th road, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the same criminal history of the suspect), and application of the relevant summary order statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the same Act (the same type of crime has no record of punishment heavier than fines, and the defendant's age and the fact that alcohol concentration in the blood was lower at the time of the instant case, etc.);

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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