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(영문) 서울중앙지방법원 2019.08.22 2019고단553
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 November 14, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court, and on January 8, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million for the same crime from the same court.

On November 20, 2018, at around 00:26, the Defendant driven a C220 Bridge car while under the influence of alcohol concentration of 0.191% in the 10km section from the place of influence in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul”) to the front road of Gangnam-gu apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, reports on investigation (application of the Radmark formula);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation 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) applicable to the crime;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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