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(영문) 서울남부지방법원 2020.01.21 2019고단5403
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

On August 31, 2007, the Defendant issued a summary order of KRW 300,000 as a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on January 26, 2018, the Defendant received a summary order of KRW 1 million as a fine for a crime of violation of the Road Traffic Act at the Seoul East District Court.

On September 21, 2019, at around 12:01, the Defendant driven a car in the Spati site under the influence of alcohol concentration of approximately 0.106% from approximately 1km to the intersection from the front of the Guro-gu Seoul Metropolitan Government apartment to Ansan-ro 711, Ansan-ro, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

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;

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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