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(영문) 서울동부지방법원 2020.11.25 2020고단2675
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 19, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, on March 12, 2010, to a summary order of KRW 1.5 million for the same crime at the Seoul East East District Court, and on September 9, 201, to a summary order of KRW 3 million for the same crime at the Seoul East District Court, and on January 9, 201, to a summary order of KRW 3 million for the same crime, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime, and on May 15, 201, to a suspended sentence of KRW 6 months for six months for imprisonment with labor for the same crime at the Sungnam Branch Branch Branch of Suwon District Court.

On July 23, 2020, around 01:12, the Defendant driven a car around 15 km in the state of alcohol concentration of 0.193% under the influence of alcohol on the roads near Yeongdeungpo-gu Seoul, Seoul, to the roads near the diving distance of 567, as Seoul, Songpa-gu.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to increase the possibility of traffic accidents and thereby lead to a dangerous criminal that may cause unexpected conduct to the life and family of others as well as others, the defendant committed the crime of drinking under the instant case even though he was punished several times due to drinking driving, etc., and the defendant committed the crime of drinking under the influence of alcohol, the distance of the defendant's driving under the influence of alcohol is reasonable, and the degree of blood alcohol concentration was high, and the sentencing conditions shown in the trial process of the instant case, such as the circumstances after the crime, etc. shall be determined as above.

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