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(영문) 서울남부지방법원 2019.10.17 2019고단4139
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 September 4, 2013, the Defendant issued a summary order of KRW 9 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on September 4, 2013, and a summary order of KRW 6 million for the same crime at the same court on October 7, 2015, respectively.

Criminal facts

Around 00:01 on 27, 2019, the Defendant driven a car with approximately KRW 20 meters at the distance of 0.197 meters from the second basement parking lot of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu to the first basement parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same type of force decisions) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the 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. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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