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(영문) 서울서부지방법원 2020.10.29 2020고단2263
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 became final and conclusive.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant received a summary order of KRW 1500,000 from Seoul Western District Court as a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million on February 4, 2016.

At around 16:10 on July 3, 2020, the Defendant, while drunk with the blood alcohol concentration of 0.21%, driven B, from around 1.4km to the front road of the Eunpyeong-gu Seoul Metropolitan Maamamba-dong from the roads located in Eunpyeong-gu to 99 in the same promotion route.

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

Summary of Evidence

1. Defendant's report on his legal statement, oral statement, and oral statement;

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

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the final and previous subparagraph and the fact that it was for 2016 years);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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