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(영문) 서울중앙지방법원 2019.10.02 2019고단3239

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On May 17, 2017, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 1.5 million on December 19, 2018, respectively.

On November 3, 2018, the Defendant was under the influence of alcohol at around 10:33 and at least 0.114% of alcohol concentration, and the Defendant was driving a B-E car at a 1k section of approximately 1km from the front road of Gangnam-gu Seoul Seocho E Hotel to the front road of Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of measurement, report on 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, etc. inquiry reports, investigation reports (verification of the same criminal records), and summary orders;

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;