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(영문) 서울남부지방법원 2019.07.18 2019고단2402
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 23, 2006, the Defendant was notified of a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million as a crime of violation of the Road Traffic Act at the Jung-gu District Court on April 21, 201.

On April 5, 2019, the Defendant, who violated the duty of prohibition of driving under the influence of alcohol at least twice, was driving Eco-sports vehicles at approximately 2 km from the parking lot located in Gangseo-gu Seoul Metropolitan Government to D in Gangseo-gu, Seoul, while under the influence of alcohol at around 00:19 again, while under the influence of alcohol at around 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 1530, Jun. 25, 2019);

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. Probation and community service order shall be determined the same type of punishment as the order, in consideration of the overall conditions of sentencing, including the reasons for sentencing under Article 62-2 of the Criminal Act, the background of drinking alcohol driving, the measurement of drinking alcohol, the previous and three times of fines for drinking, the risk of recidivism

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

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