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(영문) 서울중앙지방법원 2020.02.06 2019고단6575

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

[criminal power] On October 1, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Southern District Court to a fine for a violation of the Road Traffic Act (driving). On March 16, 2012, the Defendant was issued a summary order of KRW 3 million with the same crime at the Seoul Central District Court.

【Criminal Facts】

On August 15, 2019, at around 01:20, the Defendant driven Drawls’s car while under the influence of alcohol concentration of about 6 km from the front of Seongdong-gu Seoul to the front of Gangnam-gu Seoul, Seoul, while under the influence of alcohol concentration of about 0.098%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A notification slip of the result of drinking driving control;

1. Control note;

1. Report on the circumstances of an employee;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of criminal records of running sound);

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the pleadings of this case, such as the following: (a) the degree of blood alcohol concentration in sentencing of Article 62-2 of the Criminal Act; (b) driving distance; (c) the same criminal records; and (d)