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(영문) 서울남부지방법원 2019.11.21 2019고단4454
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 20, 201, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, from an Ansan District Court's Ansan Branch on May 25, 2016, in the case of a violation of the Road Traffic Act, respectively.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.174% on August 8, 2019 on blood alcohol level around 01:05, driven a clater-low car at a section of about 30 meters from the second to the first floor parking lot in Geumcheon-gu Seoul Metropolitan Government B building.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey reports, reports on the results of drinking driving control, accident video CDs;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The same sentence as the order shall be determined in consideration of the overall conditions of sentencing specified in the pleadings of this case, including the reason for sentencing under Article 62-2 of the Criminal Act, circumstances of drinking alcohol driving, the measurement of drinking alcohol, the previous and two times of fines for drinking alcohol driving, the risk of recidivism,

It is so decided as per Disposition for the above reasons.

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