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(영문) 서울동부지방법원 2020.11.19 2020고단2774

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. On May 9, 2014, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 1 million due to the crime of violating the Road Traffic Act (driving) and a summary order of KRW 3 million from the same court on May 26, 2017, respectively.

On July 11, 2020, at around 18:46, the Defendant driven CA car in a drunken state with a blood alcohol concentration of about 0.224% from the front of the residence in Seongdong-gu Seoul Metropolitan Government to the front of the Dong Community Service Center for about 3km from the front of the same reading log 46-No. 26-No. 4, the same Gu reading hall.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant violated the Road Traffic Act (unlicensed driving) and driven the said car without a driver’s license at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. The driver's license register of the defendant's statutory statement, output of the measuring instrument, records of the control of drinking driving, and the report on the circumstantial statements of drinking drivers;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (reports on criminal records of the same kind as a suspect) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances, etc. among the reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Imprisonment with prison labor for a period of one year to two years;

2. In addition, a vehicle has been driven without a driver's license in the state of 0.224% alcohol concentration without a driver's license despite the fact that the sentence has already been punished twice due to drinking.