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(영문) 서울중앙지방법원 2019.05.17 2019고단1203
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 March 27, 2009, the Defendant was notified of a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam branch, and on March 18, 2014, the Defendant was notified of a summary order of KRW 5 million as a fine for the same crime at the Seoul East District Court's Seoul Eastern District Court.

On February 15, 2019, the Defendant was under the influence of alcohol content of 0.053% on blood alcohol level at around 23:09, and was driving Drocketing vehicles at approximately 350 meters away from Seocho-gu Seoul, Seoul to the front road of Gangnam-gu Seoul.

The defendant was punished as a drunk driving twice or more, but he again driven a drunk driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, inquiry report on the control of drinking driving, and a drinking test;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and each summary order;

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