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(영문) 서울북부지방법원 2020.12.17 2020고단2789

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 November 23, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court for a violation of the Road Traffic Act.

On June 20, 2020, at around 23:21, the Defendant driven a e-learning car owned by the Defendant from the front road in Seoul Jung-gu to D, Jung-gu, Seoul, with a 0.15% alcohol concentration of 0.15%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Records of crackdown on the defendant's legal statement and CCTV to capture the defendant for crime prevention;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that there is no criminal conviction or more than the period of the suspended sentence, and there is no criminal conviction or traffic accident after obtaining the driver's license in 2008, and the crime is driving a short distance, and there is a mother that the defendant suffers from dementia.

In these circumstances, the same sentence as the order shall be determined in consideration of the fact that the defendant has no ability to pay the fine and wishes to suspend the execution.