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(영문) 서울남부지방법원 2019.01.29 2018고단5984
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 24, 2008, the defendant was issued a summary order of a fine of three million won by the Seoul Western District Court due to a violation of the Road Traffic Act (driving). On December 3, 2010, the defendant was issued a summary order of three million won by the Seoul Western District Court on December 3, 2010.

On October 7, 2018, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice or more times, drives a BScar under the influence of alcohol level of approximately 0.154% from the front of the restaurant in which the trade name in the head of Gangseo-gu Seoul Metropolitan Government Office is unknown, to the front of the Gangseo-gu Office, Gangseo-gu, Seoul Metropolitan Government Office, to the front of Gangseo-gu Office, Gangseo-gu, 302, the Defendant driven a BScar under the influence of alcohol level of about 20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the criminal records as indicated in the judgment, and considering the fact that the defendant was punished for drunk driving, the blood alcohol concentration exceeds 0.1%, the defendant's age, character and conduct, and environment, the punishment is determined as ordered by the order.

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