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(영문) 서울서부지방법원 2020.02.20 2019고단4191
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 February 29, 2016, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on February 29, 2016, and a summary order of 4 million won for the same crime at the Seoul Central District Court on August 25, 2014.

【Criminal Facts】

On October 18, 2019, at around 02:17, the Defendant driven a Cren car with approximately 200 meters of alcohol level 0.04% under the influence of alcohol level 0.04% on the front of the two-way road located in Bupyeong-si, Seocheon-si.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 (including the fact that there is no previous conviction other than fine, and the fact that a person does not drive under the influence of alcohol again while in reflecting the fact that he does not do so);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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