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(영문) 서울북부지방법원 2020.04.09 2019고단4514

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 January 18, 2005, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court and KRW 3 million as a fine in the same court on October 28, 2013.

On October 04, 2019, at around 01:00, the Defendant driven a DNA motorcycle while under the influence of alcohol of 0.202% with a blood alcohol concentration of 0.202% at the section of about 500 meters from the insular area B below Seongbuk-gu Seoul to the front of the same Gu C.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Previous records: References to criminal records and investigation reports (Attachment to attached records of the same kind of power) shall be applied by statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Optional to Imprisonment) and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of punishment for a crime;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;