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(영문) 서울동부지방법원 2020.05.26 2020고단834
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 June 22, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving). On March 26, 2010, the Seoul Central District Court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 26, 2020, the Defendant was under the influence of alcohol level of 0.034% on blood alcohol level on February 26, 2020, and was driving B-do car at approximately 5km from 02:05, Gangnam-gu, Seoul to 88 Olympic Games located in Songpa-dong 506, Songpa-gu, Seoul.

As a result, the defendant violated the Road Traffic Act provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Suspension of execution under Article 62 (1) of the Criminal Act (limited to suspension of execution in consideration of favorable circumstances, such as the fact that there exists a history of punishment several times for driving, but the blood alcohol concentration is low, and the crime is closely reflected in the crime, but a probation order, etc. shall be added to prevent recidivism);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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