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(영문) 서울동부지방법원 2018.06.14 2018고단328
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, at the Seoul Central District Court on September 29, 201, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on March 2, 2012, a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), respectively.

On January 18, 2018, at around 04:00, the Defendant driven a B lebroke car with alcohol content of 0.079% at a distance of about 300 meters from the day before the apartment parking lot located in Geum-dong, Seongdong-gu, Seoul, to the front of the apartment parking lot located in Geumdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol and reporting on the situation of the driver of drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to a summary order);

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. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant was subject to the criminal disposition on two occasions due to drinking driving, the fact that the defendant was subject to two times due to driving without a license, the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and the sentence like the order shall be determined by taking into account the following factors:

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