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(영문) 서울중앙지방법원 2020.03.20 2019고단8192

도로교통법위반(음주운전)

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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 February 14, 2018, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On October 7, 2019, at around 05:00, the Defendant driven a Cresh vehicle with a alcohol level of about 200 meters from the public parking lot in the address of Gwanak-gu in Seoul Special Metropolitan City to the front road of the same Gu, with a blood alcohol level of 0.170%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.