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(영문) 서울남부지방법원 2020.01.21 2019고단5817
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 16, 2017, the Defendant was issued a summary order of KRW 4 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 23:47 November 5, 2019, the Defendant driven C Benz C c220d car with a blood alcohol concentration of about 0.231% from the 1km section from the front road of Gangseo-gu Office, Gangseo-gu, Seoul, to the front road of the same Gu.

Accordingly, the defendant was under the influence of alcohol in violation of the Road Traffic Act provisions on the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of the same type of electric records)-related Acts and subordinate statutes;

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

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