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(영문) 서울남부지방법원 2020.11.17 2020고단3981

도로교통법위반(음주운전)

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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2010, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on August 30, 2010, a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on April 11, 2016, and a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 4, 2018.

At around 23:30 on July 6, 2020, the Defendant driven a Doz car with approximately 200 meters of alcohol content 0.219% while under the influence of alcohol content from the Yedong-dong to the front route of C in the same Gu.

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

Summary of Evidence

1. A victim's statement E in the defendant's court statement;

1. Notification of the control results of drinking driving, the report on the circumstances of drinking drivers, and the investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, references to criminal records, previous records, confirmation, and application of Acts and subordinate statutes, such as judgment;

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 the details of punishment of drunk driving in the past with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in this case, the background of the crime, the circumstances after the crime, the home circumstances, etc.