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(영문) 서울남부지방법원 2020.02.06 2019고단5726
도로교통법위반(음주운전)
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 June 20, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

Nevertheless, at around 01:13 on October 27, 2019, the Defendant driven CIT 100 Obaba in the state of under the influence of alcohol concentration of about 0.113% from the 5km section from the front of the salt station located in Gangseo-gu Seoul Metropolitan Government, to the front of the B apartment site in Yeongdeungpo-gu.

Accordingly, the defendant was under the influence of alcohol in violation of the Road Traffic Act provisions on the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, etc. inquiry reports and investigation reports (applicable to the same type of criminal records and attachment of judgment) 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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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