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(영문) 서울북부지방법원 2020.02.06 2019고단5240

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 October 30, 2009, the Defendant issued a summary order of a fine of one million won at the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving). On November 23, 2012, the Defendant had a record of being sentenced to a fine of seven million won at the same court due to the same crime.

On November 12, 2019, the Defendant, as a person who violated the provision on the prohibition of drunk driving, drives a E-Ad vehicle under the influence of alcohol at approximately 8.8 km from the front of “C” located in Seodaemun-gu Seoul Metropolitan Government “C” to the front of Seongbuk-gu Seoul Seongbuk-gu D, with a blood alcohol concentration of at least 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of the beginning place and driving distance), investigation report (Calculation of blood alcohol concentration);

1. Report on the circumstances of the driving of the driving of the driver, report on the circumstances of the driving of the driver, and report on detection of the driver;

1. Response to the request for appraisal;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment twice due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high. The defendant was under the influence of driving a vehicle while driving the vehicle, and the risk of the crime of this case was high.

However, there is no traffic accident due to the crime of this case, and there is no record of the same crime except before the judgment that the defendant was punished as a fine, and the age, character, character and behavior, intelligence of the defendant.