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(영문) 서울서부지방법원 2020.09.17 2020고단1805
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 December 4, 2015, the Defendant received a summary order of KRW 4 million from the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving).

On May 8, 2020, at around 23:38, the Defendant driven a B SP car under the influence of alcohol concentration of approximately 0.156% from the 1km section to the river located in the same Dongwon-dong, Seowon-dong, Mapo-gu, Seoul, to the river located in the same Dongwon-dong.

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

Summary of Evidence

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1541, Apr. 1, 201

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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