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(영문) 서울서부지방법원 2019.06.13 2019고단1101
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On August 12, 2005, the Defendant received a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act (driving) from the Seoul Northern District Court. On May 16, 201, the Defendant received a summary order of a fine of 2 million won for a violation of the Road Traffic Act (driving) from the Jungyang Branch Branch of the Jung-gu District Court on May 16, 201. On November 7, 2014, the Incheon District Court received a summary order of a fine of 5 million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 5, 2019, at around 03:33, the Defendant driven an E-7 car under the influence of alcohol content of about 0.094% from the Defendant’s house located in Mapo-gu Seoul Metropolitan Government to the front road located in Mapo-gu Seoul Metropolitan Government D.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, such as the fact that there is no previous conviction

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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