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(영문) 서울남부지방법원 2020.04.16 2018고단6607
도로교통법위반(음주운전)등
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

On September 10, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and on November 23, 2018, the Seoul Southern District Court issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court.

On November 17, 2018, the Defendant, despite the suspension of car driver’s license, driven a BNS car under the influence of alcohol content of about 0.146% from a 1km section to a 570-distance located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government (Seoul Metropolitan Government) from the front day of the “finite Station” located in Yeongdeungpo-gu 28, Yeongdeungpo-gu, Seoul Metropolitan Government, to a 570-day “Yandong-gu, Yeongdeungpo-gu,” as the former National Assembly.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, drives a motor vehicle while drunk, and simultaneously has suspended the validity of the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant committed the instant crime even though he had the record of punishment twice due to drinking driving, as stated in the judgment, even though he had the record of punishment.

The favorable circumstances: The defendant recognizes the crime of this case and seriously reflects the defendant, and there is no record of punishment as a penalty.

The above circumstances and the defendant's age, character, character, environment, and crime.

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