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(영문) 서울서부지방법원 2020.02.06 2019고단3530
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

[Criminal Power] The Defendant was sentenced to a fine of KRW 4 million on September 2, 2014 for a violation of the Road Traffic Act in the Incheon District Court’s Vice-Support on September 2, 2014.

【Criminal Facts】

On August 27, 2019, around 04:46, the Defendant driven a golf car with approximately two km section of approximately 0.101% of blood alcohol concentration on the front road of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 (including the fact that there is no previous conviction other than a fine, and the fact that it is hard to prevent a person from committing a crime by committing a reflection, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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