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(영문) 서울남부지방법원 2019.09.26 2019고단3524

도로교통법위반(음주운전)

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

On July 25, 2007, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court to a fine of KRW 2,00,000 for a violation of the Road Traffic Act, on January 29, 2008, a summary order of KRW 3,00,000 for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and on December 23, 2013, a summary order of KRW 7,00,00 for a fine of KRW 3,00 for a violation of the Road Traffic Act (driving) was issued to the Suwon District Court.

As above, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol twice or more, once again, driven the Enbrid car from the area near the inncheon-si B elementary school to the front of the Seoul Yangcheon-gu DD hospital, in the state of under the influence of alcohol of 0.135% of alcohol concentration on May 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of each summary order;

1. Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act: The same type of punishment as the order shall be determined, taking into consideration the following factors: (a) the reason for sentencing under Article 62-2 of the Social Service Order; (b) the degree of drinking alcohol and the degree of fine for drunk driving; (c)

It is so decided as per Disposition for the above reasons.