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(영문) 서울동부지방법원 2021.01.20 2020고단3447

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2020, the Defendant driven a BSPCC car in the state of alcohol concentration of about 0.201% in the 7km section from the head of Dong-gu, Sinsan-si and the vice head of public permanent residence in Sinsan-si, Seoyang-gu, Seoyang-gu to the front road of the Goyangyangyang-gu, Seoyang-gu, Yangyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, a statement on the circumstances of the driver of drinking, and a report on the detection of the driver;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant legal provisions and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture is to increase the possibility of traffic accidents and thereby lead to a dangerous criminal who may cause an unforeseen behavior to another's life and family as well as the other's life and family; the defendant has been punished once by a fine due to drinking driving; the driving distance is long and the blood alcohol concentration was considerably high; the defendant has no record of being punished by a suspended sentence or higher; and the sentencing conditions specified in the trial process of the instant case, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.