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(영문) 서울동부지방법원 2019.06.12 2019고단1125
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On February 9, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 9, 2007 and KRW 5 million as a fine in the same court on April 8, 2016.

On February 22, 2019, at around 01:00, the Defendant driven a C Lerober vehicle in the state of alcohol alcohol concentration of 0.202% from the street section from the roads on which the head of Seongdong-gu Seoul Metropolitan Government Maro-dong (hereinafter referred to as the “Maro-dong”) was under the influence of alcohol to the entrance of the head of Seongdong-gu Seoul Seongdong-gu (Seoul).

As a result, the defendant violated the prohibition of drinking driving more than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. The punishment provision of Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (or imprisonment with prison labor), the reason, shape, and appearance of sentencing is high, not only, but also the fact that the person cannot drive normally, causing a physical accident. The most of the punishment records, including the recent records of the suspension of the execution of the same kind of punishment, are not good, and all the elements of the person who committed the act are not good.

Imprisonment with prison labor shall be selected and sentenced to imprisonment.

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