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(영문) 서울북부지방법원 2021.01.28 2020고단2969

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2020, around 04:26, the Defendant driven CM5 car while under the influence of alcohol concentration of 0.102% in the 7km section from the Do near the Gohap-dong, Mapo-gu, Seoul to the front road of Seongbuk-gu, Seoul.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's voluntary statement and written appraisal of confirmation to the detection of the driver involved;

1. Relevant legal provisions and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act do not have the same criminal record as the defendant for the reason of sentencing and do not remain sufficient enough to cause traffic violation or traffic accident after obtaining a driver's license in 2001. However, the crime committed by the defendant has several different criminal records, such as one criminal record of imprisonment with prison labor and two criminal records of suspended execution of imprisonment with prison labor, and the crime committed by the judgment is the long distance of the defendant, driving a vehicle at a speed of 80 km or more meters per hour while driving the vehicle at a speed of her own speed and driving the vehicle at a speed of 80 km or more per hour, and controlling it after receiving