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(영문) 서울중앙지방법원 2019.11.26 2019고단6746

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 September 30, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act, at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On September 29, 2019, the Defendant was under the influence of alcohol with 0.115% of blood alcohol concentration at around 22:50, and the Defendant was driving a car with approximately 1 km distance from the roads near Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu Office to the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Control note;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant repeats driving under drinking, which is disadvantageous to the defendant, such as the fact that the drinking water of this case is high, and the situation that the situation of driving is somewhat difficult to lead to an accident, and there are circumstances to take into account the circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, etc.