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(영문) 서울남부지방법원 2020.10.08 2020고단2395
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 January 4, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and on May 9, 201, issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 9, 2020, at around 18:07, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.195% from the 2km section from the 18:07 road near the mountain village of Gangseo-gu Seoul Metropolitan Government to the front road of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (reports on criminal records of the suspect's punishment for drunk driving), and application of Acts and subordinate statutes of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.

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