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(영문) 서울남부지방법원 2020.10.06 2020고단1155

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] The Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Western District Court on July 14, 2014 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

around 23:00 on February 10, 2020, the Defendant driven a B Sti-type motor vehicle under the influence of alcohol concentration of about 0.146% at a section of about 6km from the 6km of Yeongdeungpo-gu Seoul Metropolitan Government to the 62-gil of War from the 196km of Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the defendant operated a motor vehicle not less than twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the drinking driver, the circumstantial report of the drinking driver, and the blood alcohol appraisal report;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the interval from the former, the drinking volume in this case, the circumstances after the crime, etc.