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(영문) 서울남부지방법원 2019.11.28 2019고단4550
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 19, 2018, the Defendant was notified of a summary order of KRW 5 million by the Seoul Southern District Court due to a violation of the Road Traffic Act.

On August 17, 2019, at around 22:58, the Defendant driven an E 5 vehicle under the influence of alcohol content of 0.118% while under the influence of alcohol without obtaining a driver's license from around 300 meters in front of the departure road of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul Metropolitan Government, for approximately 300 meters in front of the same Gu Dpt.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to crimes committed by foreigners, investigation records, inquiry into data, and copies of summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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