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(영문) 서울남부지방법원 2019.03.19 2018고단6262
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 13, 2009, the Defendant was sentenced to a suspended sentence of 4 months in Seoul Southern District Court for a violation of the Road Traffic Act, etc., and was sentenced to a fine of 4 million won in Seoul Northern District Court on December 27, 2013.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice again, driven a B rocketing car with a blood alcohol content of about 0.107% under the influence of alcohol from around 1Km section from around 14:40 on Nov. 4, 2018 to the 3 Northwest coast of Jung-gu Incheon, Jung-gu, Incheon to the 3 Northwest coast of Jung-gu, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. It shall be decided as ordered for the reason of probation, attending lectures or community service orders under Article 62-2 of the Criminal Act or more;

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