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(영문) 서울서부지방법원 2020.08.20 2020고단1530
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 8, 2008, the Defendant received a summary order of KRW 1,500,000 from the Daegu District Court as a crime of violation of the Road Traffic Act.

On March 28, 2020, the Defendant, while under the influence of alcohol 0.048% of alcohol level around 06:38, 2020, driven a Karen car from around C, located in Mapo-gu Seoul Metropolitan Government, to the old direction of the Gu, from around 5 km to the river near D, the same Gu.

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

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the status of the driver);

1. Previous convictions: Application of criminal records and investigation reports (suspect's sound records, driving records, etc.)-related Acts and subordinate statutes;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2008Da1548, Feb. 1, 2008);

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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