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(영문) 서울서부지방법원 2021.02.04 2020고단3112
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 22, 2009, the Defendant received a summary order of KRW 1,50,000 from the Seoul Southern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 18, 2009.

On August 4, 2020, at around 23:00, the Defendant driven Cpo-ro vehicle with approximately 4 km section in the state of alcohol concentration of 0.192% during blood while under the influence of alcohol at around 23:22 around the same day from the influent land in Jung-gu Seoul, Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Report on internal investigation by the defendant in court (the formal application of the aforementioned dmark);

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Article 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020); Article 44(1) of the Road Traffic Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount (including the fact that the previous conviction was committed before about 12 years);

1. It is so decided as per Disposition for the reasons above Article 62 (1) ( considered as above) of the Criminal Code;

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