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(영문) 서울서부지방법원 2020.04.02 2019고단4049
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 June 19, 2019, the Defendant was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act at the Incheon District Court on the same day, and a summary order of three million won for the same crime at the Seoul Western District Court on November 10, 2017.

Criminal facts

At around 05:00 on September 27, 2019, the Defendant driven the E-to-be under the influence of alcohol leveling 0.182% of alcohol level 0.182% from the front of the C Hospital located in Seodaemun-gu Seoul Metropolitan Government to the front of the D, the same Gu.

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 written report from an employee of an employer;

1. Previous records of judgment: Application of criminal records, results of investigation (former and previous judgments attached thereto) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (limited to the criminal records of a fine and taking into account the reflectivity, etc.);

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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