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(영문) 서울남부지방법원 2019.05.07 2019고단1050
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 June 19, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on June 19, 2007, and was sentenced to a fine of one million and five million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 14, 2008, and on May 3, 2016, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on May 3, 2016.

As above, the Defendant violated the duty of prohibition of driving under the influence of alcohol twice, and once again, was under the influence of alcohol at around 22:30 on February 3, 2019, the Defendant driven a C-A-Wd-Wd-Wd-Wd-Wed-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, notification of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (Attachment to the same type of power);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 under Article 62-2 of the Criminal Act: The same type of punishment as the order shall be determined in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the reason for the sentencing, the measurement of drinking alcohol, the previous and three times of a fine for drunk driving, the risk

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

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