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(영문) 서울서부지방법원 2020.06.25 2020고단865

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 8, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court.

On February 21, 2020, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of 0.143% from approximately 500 meters in the section of approximately 500 meters from the French River to the bus stops in the Han River basin of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (limited to a summary order of violation of the Road Traffic Act);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that only the punishment of a fine has been imposed and that it was the last same year and year 2013);

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