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(영문) 서울남부지방법원 2019.07.23 2019고단2280

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 May 22, 2012, the Defendant received a summary order of KRW 3 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on September 26, 2013 to a fine for the same crime.

On April 16, 2019, at around 23:15, the Defendant driven C vehicle while under the influence of alcohol content of about 0.060% from the 2km section from the Yeongdeungpo-gu Seoul Metropolitan Government to the Yeongdeungpo-gu Seoul Metropolitan Government B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previouss before judgment: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a 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;