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(영문) 서울남부지방법원 2020.10.08 2020고단2128

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 February 18, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (MM7 car) in the Suwon District Court, and on March 14, 2020, the Defendant was under the influence of around 0.11% of alcohol concentration on the street around 20:10 on March 14, 202, and again driven the CM7 car in the manner of turning about 3 meters on the street before Gangseo-gu Seoul Metropolitan Government, while under the influence of alcohol concentration at around 0.11%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, summary order copies, 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. 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.