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(영문) 서울중앙지방법원 2019.09.19 2019고단3956
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 1, 2008, the Defendant received a summary order of KRW 1 million from Seoul Southern District Court to a fine of KRW 1 million, and on December 4, 2009, a fine of KRW 3 million to a violation of the Road Traffic Act (driving) from the Seoul East District Court, respectively, and on June 7, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving).

Although the Defendant was subject to criminal punishment for a crime of violation of the Road Traffic Act more than twice as above, around April 17, 2019, at around 01:27, the Defendant driven Cbenz car with a blood alcohol content of about 0.086 percent from the vicinity of the new roadside Road in Gangnam-gu Seoul to the front of the same Gu from about 400 meters to the road in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same attached records, etc.);

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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