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(영문) 서울남부지방법원 2019.05.30 2019고단476
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 17, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court, and was sentenced to a fine of four million won for the same crime on August 28, 2014. On March 8, 2018, the Seoul Southern District Court was sentenced to a fine of five million won for the same crime. However, on January 17, 2019, the Defendant operated a cruise car under the influence of 0.082% of blood alcohol content on the unclaimed road from Suwon-gu, Seoul to the front line of Gangseo-gu, Gangseo-gu, Seoul, without a driver's license, at the section of approximately 36 km in the unclaimed road from Suwon-gu, Seoul to the front line of B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

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 of the Criminal Act or more;

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