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(영문) 서울남부지방법원 2020.10.08 2020고단2309

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 April 27, 2007, the Defendant issued a summary order of KRW 1.5 million at the Seoul Southern District Court, which is a fine of KRW 1.5 million for a violation of the Road Traffic Act, on January 8, 2010, a fine of KRW 3 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving), respectively, at the Suwon District Court, and on November 26, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) at the Ansan District Court.

【Criminal Facts】

On 28, 2020, the Defendant, while under the influence of alcohol on 01:36% of the blood alcohol concentration, driven approximately 1 km E-5 cars at the front of the Ghop parking lot near Gangseo-gu Seoul Metropolitan Government, on the road in front of the Ghop parking lot in Gangseo-gu Seoul Metropolitan Government, with approximately 0.207% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (a) and Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.