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(영문) 서울남부지방법원 2020.01.07 2019고단5202
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

On June 21, 2011, the Defendant issued a summary order of KRW 1 million at the Seoul Western District Court as a crime of violation of the Road Traffic Act, and on March 23, 2017, the Seoul Southern District Court issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act.

Nevertheless, around 00:08 on September 11, 2019, the Defendant driven a DNA hurburged car with approximately 800 meters alcohol concentration of 0.171% under the influence of alcohol from the front road of Guro-gu Seoul to the front road of the same Gu C.

Accordingly, the defendant was under the influence of alcohol in violation of the Road Traffic Act provisions on the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records, etc. inquiry reports and investigation reports (Attachment to the same kind of drinking power judgment) shall apply to 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;

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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