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(영문) 서울북부지방법원 2021.02.04 2020고단2713
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 June 29, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Northern District Court.

On June 25, 2020, around 02:06, the Defendant driven a car with C in the state of alcohol alcohol concentration of 0.199% while under the influence of alcohol level from around the river basin near the river basin in Gangnam-gu Seoul Metropolitan Government to the front road in Seongbuk-gu Seoul.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report (report on the situation of the driver in charge of driving), and notification of the result of regulating driving of alcohol;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, and a summary order of approximately 6814 of the Seoul Northern District Court Act, No. 2017, 6814;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act, the defendant caused an accident that contacts the central separation unit by driving under drinking alcohol.

The punishment shall be determined as ordered in consideration of various factors of sentencing, such as the fact that the defendant has no history of punishment exceeding the fine, the fact that his/her mistake is against himself/herself, the age, occupation, sex, circumstances leading to the crime, circumstances after the crime, etc.

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