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(영문) 서울남부지방법원 2019.11.28 2019고단4455

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 February 26, 2008, the defendant was under the record of having received a summary order of a fine of three million won due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

Nevertheless, at around August 6, 2019, the Defendant driven Dpoter II cargo vehicle while under the influence of alcohol with approximately 0.149% of alcohol alcohol concentration at approximately 500 meters from the front side of Yangcheon-gu Seoul Metropolitan Government B apartment road to the front side of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records before judgment: Application of inquiries about criminal records, etc. and copies of summary order Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;