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(영문) 서울중앙지방법원 2020.02.13 2019고단5539

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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

On December 23, 2016, the defendant is a person who has been notified of a summary order of a fine of KRW 2 million at the Seoul Eastern District Court due to a violation of the Road Traffic Act.

On July 9, 2019, at around 02:50, the Defendant boarded the back seat of CKaman car in the Seoul Gangnam-gu Seoul Metropolitan Government Bbuilding parking lot and waiting for an authorized driver. On the demand of the borrower of the vehicle parked after the said car, the Defendant driven the said car with approximately 13 meters alcohol content while driving the said car under the influence of alcohol content of 0.082%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the result of measurement of drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;