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(영문) 서울남부지방법원 2020.08.11 2020고단696
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 July 19, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act ( sound driving) in Suwon District Court’s Ansan Branch on March 13, 2008, a summary order of KRW 2,00,000 for the same crime, etc. on March 13, 2008, and a summary order of KRW 9 million for the same crime at Suwon District Court on October 29, 2014, respectively, on January 14, 2020, while the Defendant was issued a summary order of KRW 9,00,000 for the same crime at Suwon District Court’s Suwon District Court’s Suwon District on January 14, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the circumstantial statement of the drinking driver, investigation report (report on the situation of the drinking driver), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment of the same criminal records and summary orders), records of inquiry into the management of reports on detection of prime receptions, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.

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