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(영문) 서울중앙지방법원 2019.10.24 2019고단4786

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 13, 2013, the Defendant received a summary order of KRW 1 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and on April 2, 2015, a summary order of KRW 2.5 million from the Sungwon District Court's Sungnam branch to a fine for the same crime, respectively.

On June 25, 2019, at around 22:30, the Defendant driven the EMW car under the influence of alcohol concentration of 0.068% from the frontway in Dongjak-gu Seoul Metropolitan Government to D, Dongjak-gu, Seoul.

Accordingly, the Defendant driven a car 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. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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;