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(영문) 서울중앙지방법원 2021.02.17 2020고단7858

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On August 18, 2006, the Defendant issued a summary order of KRW 5,000,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Eastern District Court, and on March 25, 2011, the Defendant issued a summary order of KRW 3,000,000 as a crime of violating the Road Traffic Act (Refusal of alcohol measurement) at the Sungnam branch support on March 25, 201.

[2] On October 31, 2020, around 02:26, the Defendant driven a motor device, a bicycle, electric kickboard (static output 0.45kw) while under the influence of alcohol leveling about 0.20% from around 500 meters to the front road of “D elementary school” located in Gangnam-gu Seoul Metropolitan City, Seoul.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. CCTV image data files stored CDs;

1. Each internal investigation report (the receipt of an accident and the statement of the person suspected of being suspected, etc., the electric kick kackers), and investigation report (the state driver's circumstantial report);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Military Service (the scope of punishment), Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on the Protection, etc. of and Order to Attend Military Service [whether the sentencing guidelines are applied] from one year to two years and six months (whether the sentencing guidelines are applied] are not set. Thus, the sentencing guidelines are not applied

[Decision of Sentence] One year of imprisonment with prison labor, the defendant has a record of criminal punishment for a total of four times due to driving of drinking or refusing to measure drinking.