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(영문) 서울중앙지방법원 2020.10.23 2020고단5952
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

The Defendant, at the Seoul Central District Court on July 4, 2007, has the record of being sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) and a fine of three million won for the same crime in the same court on April 30, 2013, respectively.

On August 17, 2020, at around 23:29, the Defendant driven Ckiki Cargo Vehicles with approximately 0.085% of alcohol level from the subway station near the subway station, which is located on the upper road 76 of Dongjak-gu Seoul Metropolitan Government, to the front road of Seoul Special Metropolitan City, to approximately 2.6km.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, a traffic accident detailed statement, notification of the results of the drinking driving control, and a photograph of the accident site;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same record as a suspect), and copies of each summary order shall be applied by statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.

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