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(영문) 서울중앙지방법원 2019.09.20 2019고단4623

도로교통법위반(음주운전)

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The punishment of the accused shall be eight months by 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 June 17, 2008, the Defendant was notified of a summary order of KRW 2 million for the violation of the Road Traffic Act (driving) as well as a summary order of KRW 2.5 million for the same crime at the Seoul Western District Court on May 26, 2014, respectively.

around 23:00 on June 11, 2019, the Defendant driven DK7 car while under the influence of alcohol content of about 0.138% in the section of approximately 1.5 km from Gangnam-gu Seoul to the front day of Seoul Gangnam-gu Seoul.

While the Defendant was punished for drinking driving more than twice, the Defendant once again driven a car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of the control of drinking driving, the statement of the circumstances of drinking drivers, and the results of blood collection appraisal;

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

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;

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