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(영문) 서울남부지방법원 2020.01.07 2019고단5204

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, 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 September 23, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on September 23, 2009, KRW 1 million for a fine of KRW 1 million for the same crime from the vice branch of the Incheon District Court on March 10, 2015, and KRW 8 million for the same crime at the Seoul Southern District Court on March 3, 2016.

around 09:35 September 14, 2019, the Defendant, as a person who violated the prohibition of drunk driving as above, once again driven CK5 vehicle at approximately 3 meters under the influence of alcohol concentration of 0.229% on the front side of Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. inquiry report, investigation report (verification of records of sound driving and 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. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend lectures shall be ruled as ordered for the reasons of not less than Article 62-2 of the Criminal Act;