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(영문) 서울남부지방법원 2019.03.19 2018고단5755
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

【Criminal Power】 On December 20, 2012, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on December 20, 201, and KRW 1.5 million as a fine in the same court on January 27, 2015.

【Criminal Facts】 Notwithstanding the fact that the Defendant had been punished twice or more due to the violation of the Road Traffic Act (driving) as seen above, the Defendant driven a Cystren car under the influence of alcohol content of about 0.072% at the front of the additional digital group located in the additional digital group located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul at around October 27, 2018, at around 00:30,000.

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 before ruling: Criminal records, inquiry reports, investigation reports, and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Article 148-2 (1) and 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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