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(영문) 서울중앙지방법원 2019.11.29 2019고단4752

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by a year of 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 September 18, 2006, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Seoul Central District Court on September 18, 2006, and was subject to criminal punishment for a violation of the Road Traffic Act (driving) on three occasions in total after June 30, 201.

On July 12, 2019, at around 05:30, the Defendant driven a motor vehicle with low alcohol level of 0.140% under the influence of alcohol at approximately 300 meters in front of Gangnam-gu, Gangnam-gu, Seoul, while driving a motor vehicle with low alcohol level of 0.140% in front of Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation [The circumstances leading to the driving and the distance of driving shall be considered];

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