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(영문) 서울중앙지방법원 2019.08.23 2019고단856

도로교통법위반(음주운전)등

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 July 14, 2014, at the Seoul Western District Court, the Defendant received a summary order of KRW 3 million (0.106% of blood alcohol concentration) by violating the Road Traffic Act, and a summary order of KRW 5 million (0.183% of blood alcohol concentration) at the Seoul Western District Court on May 29, 2017, respectively.

At around 23:50 on December 8, 2018, the Defendant, without a driver’s license, driven a car with approximately 200 meters alcohol level of 0.19%, while under the influence of alcohol level of 0.19% on the roads in front of Gangnam-gu Seoul, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of measurement results of drinking alcohol, and the register of driver's licenses;

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

1. Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;