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(영문) 서울서부지방법원 2020.04.02 2019고단4420
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 14, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on December 14, 201.

【Criminal Facts of Crimes】 On December 1, 2015, the Defendant driven a DNA-type car under the influence of alcohol level of about 0.081% at the section of approximately 2.5 km from the Do in front of Mapo-gu Seoul to the front of the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of suspect-like records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the relatively low degree of alcohol content in blood, and the fact that the person had improved walking at the time of crackdown);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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