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(영문) 서울북부지방법원 2020.10.29 2020고단2078

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 February 24, 2011, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Seoul Northern District Court.

At around 03:30 on April 20, 2020, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 0.174% in a section of about 400 meters from the front of the road located in Gangnam-gu Seoul Metropolitan Government B to the front of the same Gu D.

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

Summary of Evidence

1. Statement of the defendant's legal statement, the report on his/her oral statement, the investigation report (report on the circumstances of the drinking driver), and the record of the measurement of drinking driving and smoking;

1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes 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 higher alcohol content of the reason of sentencing under Article 62-2 of the Criminal Act. The fact that the order to attend a lecture is made to prevent recidivism, such as miscompetence and vehicle sale, etc., and the fact that there is no same kind and no previous one in addition to the previous conviction in the judgment, etc.