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(영문) 서울서부지방법원 2019.04.30 2019고단532
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 October 08, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, on July 22, 2011, a summary order of KRW 2.5 million from the Seoul East East District Court to the same crime. On May 27, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Seoul East East District Court.

【Criminal Facts】

On October 08, 2019, the Defendant driven BM 118d vehicles while under the influence of alcohol concentration of approximately 0.106% in a 20km section from the music working place in the Yongsan-dong, Yongsan-gu, Yongsan-gu, Yongsan-gu, 01:50 to the 782 Hannam-dong, Yongsan-gu, Yongsan-gu, Yongsan-do to the old direction (which is between the distribution place and the Hannam-do).

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no history that the defendant was punished heavier than the fine, and the fact that the defendant does not commit a second offense, reflecting his depth, etc.);

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

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