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(영문) 서울남부지방법원 2019.11.28 2019고단4614

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2006, the Defendant was issued a summary order of KRW 4 million by the Seoul Central District Court due to the crime of violation of the Road Traffic Act.

On July 24, 2019, at around 22:00, the Defendant driven a C motorcycle while under the influence of alcohol with about 80 meters alcohol concentration of about 0.265% from the section of approximately 80 meters to the front road of Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

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. Probation, community service order and order to attend lectures shall be ruled as ordered for the reasons of not less than Article 62-2 of the Criminal Act;