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(영문) 서울중앙지방법원 2019.07.05 2019고단2772
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2013, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 3 million, and on October 31, 2017, a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act.

On April 10, 2019, at around 22:24, the Defendant driven a DNA SM5 vehicle under the influence of alcohol concentration of about 0.108% in a section of about 100 meters of blood alcohol level from the front road of Gwanak-gu in Seoul Special Metropolitan City to the front road of the same Gu C.

The defendant who has violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, and record of the measurement of drinking;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

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

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

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