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(영문) 서울동부지방법원 2019.09.18 2019고단2481
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On April 27, 2011, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on April 27, 201, and a fine of KRW 1.5 million by the Seoul Central District Court on October 25, 2012, and was sentenced to a summary order of KRW 1.5 million by the same crime at the Seoul Central District Court on January 22, 2015.

Around 22:30 on July 23, 2019, the Defendant driven a e-car from the Do in front of the drinking house “C” in Seongdong-gu Seoul to the front road in the Seoul Seongdong-gu Seoul Special Metropolitan City, while under the influence of alcohol of 0.118%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning criminal records;

1. Penalty provisions 148-2 (1) and 44 (1) of the Road Traffic Act.

1. The punishment is reasonable in order to achieve the purpose of punishment called response and special prevention in light of the following factors: (a) the illegality of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; and (b) the past force including the stay of execution of the same kind of imprisonment, which is disadvantageous to the offender.

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