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(영문) 서울중앙지방법원 2020.04.17 2020고단1718

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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2011, the Defendant was issued a summary order of 1,500,000 won by a Seoul Central District Court as a crime of violation of the Road Traffic Act.

On February 6, 2020, at around 08:42, the Defendant driven Cdisane car while under the influence of alcohol by 0.224% in the section of approximately 1km from the 1km to the Seoul Jongno-gu Road.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The written request for appraisal (the written request for appraisal of blood alcohol), the written report on internal investigation and the report on investigation (the report on examination of blood alcohol by 0.215%) and each photograph;

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (former and previous records), application of statutes on judgment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.