(영문) 서울중앙지방법원 2019.10.31 2019고단5275

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(영문) 서울중앙지방법원 2019.10.31 2019고단5275

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

[criminal power] On November 21, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on May 2, 2014 to a fine of KRW 7 million for a violation of the Road Traffic Act.

【Criminal Facts】

On July 25, 2019, around 22:14, 2019, the Defendant driven B rocketing car under the influence of alcohol content of 0.186% from the street in front of the Gangnam Station located in 396, Gangnam-gu, Gangnam-gu to the Gangnam of 382.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the measurement of drinking alcohol and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order 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. Article 62 (1) of the Criminal Act;

1. In the case of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered in consideration of the various sentencing conditions indicated in the argument of the instant case, including the following: (a) the degree of blood alcohol concentration, driving distance, driving distance, and the same criminal records [the fine of KRW 1.5 million is imposed for a violation of the Road Traffic Act on November 21, 2008, (b) a summary order of KRW 1.5 million on May 2, 2014; (c) a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving); (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a fine of KRW 7 million; (e) a fine of KRW 7 million has not

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