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(영문) 서울남부지방법원 2020.10.08 2020고단2249
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

On April 30, 2013, the Defendant received a summary order of KRW 7 million as a crime of violation of the Road Traffic Act from the Seoul Southern District Court.

On 07:01 on 03.24. 07:01, the Defendant driven a Cbridge car with a blood alcohol concentration of 0.094% under the influence of alcohol at approximately one meter in the road near Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of past records, such as sound driving), and summary orders;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The details and punishment of an order to attend a lecture during the period of sentencing under Article 62-2 of the Criminal Act, interval from the former, the drinking volume in this case, the circumstances after the crime, etc.

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