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(영문) 서울서부지방법원 2020.06.11 2020고단709

도로교통법위반(음주운전)

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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 5, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at Seoul Southern District Court, and KRW 4 million for the same crime at the Seoul Central District Court on June 23, 2017.

On February 15, 2020, at around 06:00, the Defendant driven a B-purd motor vehicle under the influence of alcohol concentration of approximately 0.134% in a section of approximately 3.7 km from the front of the Hannam-gu Seoul Metropolitan Government to the Han River from the Hanbuk-do, located in 347, the same village as the former, to the Hanbuk-do road.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a report on confirmation of the same criminal records);

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Apr.

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;