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(영문) 서울중앙지방법원 2020.04.24 2020고단2135

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

[Criminal Power] On November 1, 2013, the Defendant was issued a summary order of KRW 3 million at the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 23:30 on February 10, 2020, the Defendant driven an EW220d vehicle while under the influence of alcohol concentration of 0.263% in the section of approximately 900 meters in front of a gas station located in the same Gu C from the Gangnam-gu Seoul city to the front of a gas station located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. The actual survey report and the accident site photograph;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (one-time and one-time), and application of Acts and subordinate statutes governing summary orders;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant repeating the drinking alcohol driving; (b) the circumstances leading up to the drinking alcohol driving of the instant case; (c) the bad drinking alcohol level of the instant accident; and (d) the previous drinking water level of the said accident was extremely minor and smooth; and (c) the Defendant had no criminal records other than the criminal records prior to the drinking alcohol level of the instant criminal records prior to the instant judgment; and (d) favorable consideration of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the Defendant’s punishment as the order is determined by taking into account the various sentencing conditions indicated in the pleadings of the instant case, including the circumstances after the crime.