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서울서부지방법원 2019.09.19 2019고단1923

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 29, 2009, the Defendant was issued a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 5,00,00 as a fine of KRW 5,00,00 for the same crime from the High Court of the Republic of Korea on November 5,

On May 23, 2019, around 23:00, the Defendant driven a vehicle EMW320d while under the influence of alcohol concentration of about 0.15% in the section of about 50 meters from the public parking lot C located in Yongsan-gu Seoul Metropolitan Government to D in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (excluding the case of a fine in addition to the previous case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;