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(영문) 서울서부지방법원 2020.09.03 2020고단1653

도로교통법위반(음주운전)

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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 became final and conclusive.

Reasons

Punishment of the crime

On August 31, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and on October 7, 2008, a summary order of KRW 1,500,000 for a fine from the Jungbu District Court to the same crime.

On April 11, 2020, the Defendant driven a DNA strawing car under the influence of alcohol by 0.126% in the section of approximately 7.2km from the 1429 nuclear road to the front road located in Eunpyeong-gu Seoul Metropolitan Government, Seoyang-gu, Seoyang-gu, 2020.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the status of the driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of suspect-like criminal records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the final and previous subparagraph and the fact that it was for 2008 years);

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