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(영문) 서울서부지방법원 2020.10.29 2020고단1944

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 became final and conclusive.

Reasons

Punishment of the crime

On December 9, 2011, the Defendant is a person who has received a summary order of a fine of one million won in the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving).

At around 08:30 on May 19, 2020, the Defendant driven C Lasta car in the state of under the influence of alcohol of about 7 km from a section of about 0.091% of blood alcohol concentration from the area of approximately 7 km to the roads in front of Seodaemun-gu Seoul, Seoyang-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the status of the driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., previous year and year 2011);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;