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(영문) 서울서부지방법원 2019.02.21 2018고단4370
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal power] On February 10, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court on June 30, 2015 as a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Busan Central District Court’s Vice-Support on February 10, 2009.

【Criminal Facts】

On November 22, 2018, at around 02:50, the Defendant driven a B Ecoo motor vehicle under the influence of alcohol content of about 0.073% from the section of approximately 6km to the front road of the Manduk-dong, Busan Metropolitan City, Nowon-gu, Busan Metropolitan City, to the front road of the Manduk-gu, the Manduk-dong, Busan Metropolitan City.

As a result, the Defendant violated the prohibition of drinking driving at least twice, and drives a motor vehicle, etc. under the influence of alcohol, in violation of the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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