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(영문) 서울동부지방법원 2020.08.20 2020고단1957

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

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 21:50 on May 26, 2020, the Defendant driven a DNA car owned by the Defendant while under the influence of alcohol content of approximately 0.091% from the section of approximately 9km from the public sewerage street located in Mapo-gu Seoul Metropolitan Government to the front road located in Seongdong-gu Seoul Metropolitan Government, to the front road in Seongdong-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, records of measurements, and investigation report on the records of the control of drinking driving (report on the circumstances of drinking drivers);

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A dangerous criminal who, by raising the possibility of traffic accidents, may cause the occurrence of a traffic accident, not only his/her life and family, but also his/her life and family, and the defendant has been punished three times as a fine by committing a violation of the Road Traffic Act or a violation of the Road Traffic Act: A favorable circumstance in which the defendant is punished three times by a fine: The defendant repents and reflects his/her mistake: The defendant's age, character and behavior, motive, means and consequence of the crime, and other conditions for sentencing specified in the arguments, such as the circumstances after the crime, etc.