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(영문) 서울남부지방법원 2019.08.13 2019고단2997
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

At around 05:30 on June 9, 2019, the Defendant driven a Radon car from approximately 500 meters away from the front of Gangseo-gu Seoul to the front of the Gu, while under the influence of alcohol content of 0.201%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to a report on the circumstances of driving under drinking and the control of drinking driving;

1. Article 148-2 (2) 1 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, 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 under Article 62-2 of the Criminal Act shall be subject to the same sentence as the order, taking into account the following two factors: (a) the reason for sentencing under Article 62-2 of the Social Service Order; (b) the degree of fine for drunk driving; (c) the previous conviction and two times (2004 and 2016); and

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

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