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(영문) 서울동부지방법원 2020.02.19 2019고단4017

도로교통법위반(음주운전)

Text

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 January 19, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on December 13, 2013, respectively.

On November 13, 2019, at around 23:55, the Defendant: (a) driven a D-hurd-hurged vehicle with a blood alcohol concentration of about 0.054% under the influence of alcohol in the section of about 300 meters from around B located in Seongbuk-gu, Sungnam-si to the front road of the same Gu, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 (1) of the Criminal Act: A dangerous offender who is likely to cause unexpected behaviors not only his/her own, but also another person's life and home by raising the possibility of traffic accidents, and circumstances favorable to the defendant who has been punished twice by a fine due to drinking driving: The fact that the defendant has no record of being punished by a suspended sentence or more;