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(영문) 서울남부지방법원 2019.05.30 2019고단828
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 December 26, 2006, the Defendant received a summary order of KRW 1,00,000 from the Seoul Southern District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and on November 9, 2009, issued a summary order of KRW 1,50,000 as a fine for the same crime.

On February 2, 2019, at around 04:14, the Defendant driven a F Kanp car with an alcohol concentration of about 0.061% from the 15m section from the front of C located in Gangseo-gu Seoul Metropolitan Government to the front of E located in D, the same Gu.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, but driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (suspects' previous records and confirmations) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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