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(영문) 서울중앙지방법원 2019.09.05 2018고단3243

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 29, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court due to a violation of the Road Traffic Act (driving). On September 6, 2013, the Defendant was sentenced to imprisonment for 10 months and 2 years of suspended execution by the Seoul Central District Court.

On May 6, 2018, at around 05:09, the Defendant driven B Otoba while under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.185% at a section of around 500 meters from the day before the Japan Police Station in Gangnam-gu, Seoul to the day before the Japan Police Station in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

1. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;