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(영문) 서울북부지방법원 2020.11.05 2020고단2068
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 February 26, 2009, the Defendant received a fine of KRW 500,000 from the Seoul Northern District Court to a fine of KRW 500,00 for a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Seoul Eastern District Court on January 5, 2017.

Around 03:40 on April 25, 2020, the Defendant driven a car at the horse of C with a blood alcohol concentration of about 0.103% in the section of approximately 2 km from a Do located in the French-dong, Dongdaemun-gu, Seoul to the front road of Dongdaemun-gu, Seoul.

Summary of Evidence

1. Statement of the accused's legal statement, the record of the drinking driving and control;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

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. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) there is no criminal conviction except the criminal conviction in the judgment of the defendant; and (b) the criminal conviction is not driven under the high blood alcohol concentration; and (c) there is two minor children to support the defendant.

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