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(영문) 서울동부지방법원 2020.10.27 2020고단2585
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 May 6, 201, the Defendant issued a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on May 6, 201 and KRW 5 million as a fine in the same court on May 31, 2013.

【Criminal Facts】

On June 26, 2020, the Defendant driven from “C” located in Songpa-gu Seoul, Songpa-gu, Seoul to the front road of the same Gu to KRW 0.208% of the blood alcohol concentration in the 200m section from “C” to “C” to “D” of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of a traffic accident;

1. Written estimate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment;

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

1. The execution of a sentence shall be suspended in consideration of the fact that the period of probation, community service, or order to attend a lecture is very high in alcohol content and causes an accident for the reason of sentencing under Article 62-2 of the Criminal Act, three times the same type of criminal records: Provided, That the execution of a probation order, etc. shall be suspended, but such probation order, etc. shall be added to prevent recidivism, considering the fact that

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