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(영문) 서울남부지방법원 2018.11.20 2018고단5023
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On April 7, 2009, the Defendant was issued a summary order that imposes a fine of 700,000 won on a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on November 7, 2012, the Defendant was issued a summary order that imposes a fine of two million won on a crime of violating the Road Traffic Act (drinking driving).

[2] On September 15, 2018, around 18:30, the Defendant driven a F leick-ro car while under the influence of alcohol leveling 0.08% from approximately 47km to around 226-1, Gangseo-gu, Seoul, Gangseo-gu, Incheon International Airport, to the roads near the 272 Incheon International Airport.

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 convictions in judgment: Inquiry about criminal history, investigation report (Attachment of a copy of a summary order), and application of statutes of each summary order;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence like the order shall be imposed in consideration of various sentencing conditions such as the defendant's criminal history, blood alcohol concentration, the process of drinking driving, and the circumstances under which drinking is controlled by drinking to the police, and the age, sex, environment, etc. of the defendant.

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