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(영문) 서울서부지방법원 2019.10.31 2019고단3019

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 Power] On July 23, 2010, the Defendant was sentenced to a fine of three million won by the Seoul Western District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act.

【Criminal Facts】

On August 22, 2019, at around 21:24, the Defendant driven a C-Motor vehicle under the influence of alcohol concentration of approximately 28 km at approximately 0.146% on the roads located in Dobong-ro 86-gil 28, Gangnam-gu Seoul, Seogu, Seoul.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than a fine for the latest ten years);

1. Order to attend lectures under Article 62-2 of the Criminal Act;