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(영문) 서울남부지방법원 2019.11.28 2019고단4478

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 24, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court.

On August 8, 2019, at around 02:25, the Defendant driven a rash car under the influence of alcohol with a blood alcohol content of about 0.140% from a 5km section from a road where it is impossible to identify a place below the Dong of Seocheon-si, Busan to a point where it is about 96.5 km in the direction of the direction of the side of the Seoul outer Highway to a point where it is located.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records, etc. inquiry reports and the application of 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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;