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(영문) 서울동부지방법원 2020.12.18 2020고단3258

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 19:50 on 19:0 on 19:0 on 19:50 on 2020, the Defendant driven B-low-income vehicle under the influence of alcohol level of about 3 km from around 553-2 km to the road front of the Southern T-gu Seoul Metropolitan Government, as it is Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (Evidence Nos. 10)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 sentencing level of blood alcohol level at the time of the accident of the reason for sentencing under Article 62-2 of the Social Service Order Act was very high, and even long ago, the defendant has been punished for the same kind of crime two times, and the defendant's age, environment, character and conduct, motive of the crime, means and consequence of the crime and other factors of sentencing specified in the arguments of this case, including the defendant's age, environment, character and conduct, motive of the crime, method and consequence