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(영문) 서울남부지방법원 2019.03.19 2018고단6264
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 7, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on February 7, 2012, and on October 19, 2017, the Seoul Southern District Court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

around 06:02 on November 14, 2018, the Defendant driven Dbenz automobiles at approximately 3km from the front of Gangseo-gu Seoul to the front of Gangseo-gu Seoul Metropolitan City, while under the influence of alcohol content of 0.088%, around 06:02.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

around 00:24 November 14, 2018, the Defendant driven G benz E300 cars under the influence of alcohol at approximately 1km section from around 1km to the front road of the F Hospital located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu to about 0.117% of alcohol content.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, and the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

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

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

1. It shall be decided as ordered for the reason of probation, attending lectures or community service orders under Article 62-2 of the Criminal Act or more;

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