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(영문) 서울남부지방법원 2020.08.13 2020고단519
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 11, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 5, 2019, at around 23:12, the Defendant driven a Crash car while under the influence of alcohol leveling 0.160% from the 3km section to the front road of Yeongdeungpo-gu Seoul Metropolitan Government up to the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents, reports on the circumstantial statements of drivers, circumstantial reports of drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, reference reports (A), investigation reports (verification of the same type of criminal records), attachment (a copy of the summary order, the failure to take measures, and reporting of results of confirmation) and 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. Probation, orders to provide community service and attend lectures, the details of the past drinking driving and other traffic-related crimes for the reason of sentencing under Article 62-2 of the Criminal Act, and the details of punishment, time interval from the former, drinking water in this case, the circumstances after the crime, etc.

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