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(영문) 서울중앙지방법원 2020.10.13 2020고단6143
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 July 12, 2017, the Defendant was issued a summary order of a fine of KRW 6 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 24, 2020, at around 18:45, the Defendant driven DMW car in the state of alcohol alcohol concentration of about 0.155% in approximately 5km from the front path of the Yongsan-gu Seoul Metropolitan Government building to the front route of the Gangnam-gu Seoul apartment zone.

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

Summary of Evidence

1. Statement on the circumstances of the defendant's legal statement, the defendant's oral statement, and records of crackdown on the investigation report (report on the status of the employer driver);

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

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

1. Probation and lecture attendance order Article 62-2 of the Criminal Code requires that the defendant should be supervised so as not to drive under drinking, considering the fact that the defendant repeats drinking, and the defendant repeats drinking. In particular, probation is specifically ordered;

In light of the following circumstances: (a) the drinking alcohol level of the instant case is high; (b) the state of self-control on the road was relatively poor; (c) repeated driving in a relatively short period; and (d) the previous drinking alcohol level was difficult to take advantage of all the circumstances unfavorable to the Defendant; (b) the previous drinking alcohol level was not followed by accidents; and (c) there was no record of being subject to punishment heavier than the previous fine prior to the instant case; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the punishment is determined as ordered in consideration of various sentencing conditions indicated in

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