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(영문) 서울남부지방법원 2020.11.05 2020고단3827
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 November 6, 2014, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on July 20, 2017, respectively.

【Criminal Facts】

피고인은 2020. 7. 5. 02:20경 혈중알콜농도 0.148%의 술에 취한 상태로 서울 강서구 마곡나루역 부근에서부터 같은 구 B 앞 사거리까지 약 1.5km 가량 C 포르테 쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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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