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(영문) 서울남부지방법원 2020.11.05 2020고단2655

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On June 26, 2017, the Defendant, at the Seoul Western District Court, issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On April 3, 2020, the Defendant, while under the influence of alcohol of KRW 0.119% for blood alcohol concentration on April 3, 2020, driven a D-to-purd vehicle from the front side of Geumcheon-gu Seoul Metropolitan Government to the Defendant’s dwelling in the same Gu C from around 2km to the Defendant’s dwelling in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of a traffic accident, report on the circumstantial statement of a driver of the driving school, investigation report (report on the circumstances of a driver of the driving school), and notification of the results of the crackdown

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the interval from the former, the drinking volume in this case, the circumstances after the crime, etc.