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(영문) 서울중앙지방법원 2020.11.26 2020고단6677

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

[Criminal Power] On April 19, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Central District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On July 21, 2020, at around 03:34, the Defendant driven a car under the influence of alcohol level of about 0.153% in the 1km section from the front of Jongno-gu Seoul Metropolitan Government to the front road of Jongno-gu Seoul, Jongno-gu Seoul.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (report on the circumstances of a drinking driver) and outputs reported as a result of the drinking driving control;

1. Previous records: Results of inquiry, results of confirmation of previous records, and application of Acts and subordinate statutes attached to written judgments;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 of the Criminal Act include a relatively recent history of punishment for drunk driving, which is a relatively high level of blood alcohol level of the defendant, driving distance, the fact that the defendant recognizes and reflects the facts charged, and the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing indicated in the arguments of this case.