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(영문) 서울남부지방법원 2020.10.08 2020고단1855

도로교통법위반(음주운전)

Text

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 September 27, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Southern District Court to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act, and on November 28, 2016, a summary order of KRW 5 million was issued in the same court as a crime of violation of the Road Traffic Act.

Criminal facts

On 04:52 on 20 March 20, 2020, the Defendant driven D D D’s freight with a blood alcohol concentration of about 0.058% from around 100 meters from the front of Yangcheon-gu Seoul to the front of the same Gu C’s 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. Notification of the control results of drinking driving, the report on the circumstances of drinking drivers, and the investigation report (report on the circumstances of drinking drivers);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, reference reports (A), investigation reports (former and confirm), and summary orders;

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. Suspension of execution of sentence under Article 62(1) of the Criminal Act: Details and punishment of drunk driving in the past, interval from the former, drinking volume in the instant case, circumstances after the commission of the crime, etc.