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(영문) 서울중앙지방법원 2020.07.21 2020고단4465
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] On December 20, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On 22:50 on 020. 04. 22:50, the Defendant driven DK 5 vehicles under the influence of alcohol concentration of 0.8 km at the section of approximately 0.8 km from the French-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the front road of C in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, the status of the driver, and an investigation report (the report on the status of the driver);

1. A traffic control note, a traffic accident report, each photograph, and a statement on the occurrence of a traffic accident under E;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of crime records), application of statutes on judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend each lecture, is to repeat drinking. The fact that the drinking water of this case is close to drinking and that the accident occurred due to the occurrence of garbage removal vehicles, and the degree of accident confirmed by photographs, etc. seems not to be easy, etc., are disadvantageous to the defendant. The defendant's records of driving under the same influence of alcohol are limited to one fine recorded in the judgment, and the defendant's records of driving under the same influence of alcohol are deemed to have been subject to a protective disposition as the juvenile of this case, and there are some other circumstances to be taken into account in drinking circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered by the Disposition shall be taken into consideration as favorable to the defendant.

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