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(영문) 서울북부지방법원 2020.09.24 2020고단1828

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 April 1, 2011, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court and KRW 6 million as a fine in the same court on April 29, 2019.

On April 3, 2020, the Defendant driven a motorcycle No. 110 of DCA 110 while under the influence of alcohol with approximately 0.8 km alcohol concentration of about 0.087% at the section from the front of the apartment B apartment in Gangnam-gu Seoul Metropolitan Government to the front of the same Gu C at approximately 1.8km.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation 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. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Probation Act are as follows: (a) there is no previous conviction except for the accused’s previous conviction; (b) the occurrence of minor physical accidents among the crimes in the judgment, which led to driving of a motorcycle, which is relatively dangerous compared to the case of ordinary vehicles; and (c) there are two minor children to support the accused.