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(영문) 서울중앙지방법원 2019.09.06 2019고단4184

도로교통법위반(음주운전)

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The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2008, the Defendant has received a summary order of 1.5 million won from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on February 3, 2016 to a summary order of 2 million won from the Gyeyang District Court to a fine for a violation of the Road Traffic Act.

On June 9, 2019, at around 16:40, the Defendant driven a B Sti-type car under the influence of alcohol concentration of about 0.057% in the 7.7km section to the roads near the New Station located in Gangnam-gu Seoul, Seoul, with the roads near the MaroIC located in Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

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

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