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(영문) 서울남부지방법원 2019.09.26 2019고단3461
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 July 13, 2015, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with the same crime at the Seoul Southern District Court on July 14, 2016, respectively, in the Suwon District Court’s Ansan Branch for the violation of the Road Traffic Act.

On June 29, 2019, at around 01:55, the Defendant driven a Fsch Rexroth car at approximately 100 meters section from the front of the gas station in Gangseo-gu Seoul Metropolitan Government to the front of the E Convenience store located D, while under the influence of alcohol by 0.163% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Selection of imprisonment with prison labor chosen;

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 community service order under Article 62-2 of the Criminal Act: The same type of punishment as the order shall be determined, taking into consideration the following factors: (a) the reason for sentencing under Article 62-2 of the Social Service Order; (b) the degree of drinking alcohol and the degree of fine for drunk driving; (c)

It is so decided as per Disposition for the above reasons.

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