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(영문) 서울남부지방법원 2020.06.16 2019고단6477

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 July 31, 2007, the Defendant received a summary order of KRW 700,000,000 from the Busan District Court's Dong Branch for the crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million on April 2, 2010 for the same crime from the Seoul Southern District Court.

Criminal facts

On December 5, 2019, at around 01:52, the Defendant driven a spke car under the influence of alcohol content of 0.129% at the section of approximately 9km from the front side of the French-dong, Gangseo-gu, Seoul to the front side of the access road to the 142-6 Drown-dong, Gangseo-gu, the same Gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, investigation report, notification on the results of crackdown on driving under the influence of alcohol, consent to and confirmation of blood collection, and written assessment of blood alcohol;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports, one copy of the summary agreement support meeting, a copy of summary order, and one copy of the summary order;

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. Article 62 (1) of the Criminal Act;

1. The details and punishment of an order to attend a lecture during the period of sentencing under Article 62-2 of the Criminal Act, interval from the former, the drinking volume in this case, the circumstances after the crime, etc.