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(영문) 서울동부지방법원 2020.08.19 2020고단1712

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 November 28, 2008, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and issued a summary order of KRW 2 million for the same crime in the same court on August 25, 2011, and issued a summary order of KRW 5 million for the same crime in the same court on March 28, 201.

On April 26, 2020, at around 21:46, the Defendant driven a “C”-based car with a blood alcohol concentration of about 0.057% from the 300-meter section to the front road of Songpa-gu Seoul Metropolitan Government D with a alcohol level of about 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 (1) of the Criminal Act: A dangerous offender who is likely to cause unexpected behaviors not only his/her own, but also another person's life and home by raising the possibility of traffic accidents, and circumstances favorable to the defendant who has been punished three times due to drunk driving, in which he/she has a record of being punished by a fine: The fact that the defendant has no record of being punished by a suspended sentence or more;