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(영문) 서울남부지방법원 2020.01.07 2019고단5386

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 March 7, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court.

On October 10, 2019, at around 00:20, the Defendant driven a C Sti-type car in a drunken state with a blood alcohol concentration of 0.127% from the front line of the additional Maio Sama street, Geumcheon-gu Seoul Metropolitan Government, to the front line of the Geumcheon-gu, Geumcheon-gu, Seoul.

Accordingly, the defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same criminal records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;