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(영문) 서울서부지방법원 2020.02.20 2019고단4267
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 March 24, 2017, the Defendant is a person who received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 8, 2019, around 00:45, the Defendant driven a D car under the influence of alcohol concentration of approximately 10km from around the front road of Mapo-gu Seoul Metropolitan City, Seoul to the front road of Mapo-gu, Seoul, while under the influence of alcohol concentration of about 0.038%.

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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