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(영문) 서울남부지방법원 2020.11.05 2020고단3979
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2007, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Seoul Northern District Court on November 19, 2007, and a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court on May 17, 2018.

On June 30, 2020: around 32, the Defendant driven Cbenz motor vehicles with approximately 0.094% of alcohol concentration at the section of about 10km from Jung-gu, Seoul Metropolitan Government to Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstances report, investigation report, notification of the results of the crackdown on drinking-driving, and manual of crackdowns; and

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 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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