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(영문) 서울중앙지방법원 2020.11.20 2020고단7396

도로교통법위반(음주운전)

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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 October 28, 2011, the Defendant issued a summary order of KRW 2 million at the Seoul Eastern District Court, which was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On February 18, 2013, the Seoul Western District Court issued a summary order of KRW 5 million, respectively.

On September 27, 2020, while under the influence of alcohol at 02:11%, the Defendant driven C Lasta car at approximately 500 meters from the roads near the Gangnam-gu, Seoul, on which trade name below Samsungdong cannot be known, to the roads in front of Seoul.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, notification of the results of the drinking driving control, documentary evidence, etc.;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.