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(영문) 서울서부지방법원 2020.08.11 2020고단1790
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

[Criminal Power] On April 17, 2019, the Defendant received a summary order of KRW 1,500,000 from the Seoul Eastern District Court as a crime of the Road Traffic Act.

【Criminal Facts】

Around 00:40 on May 8, 2020, the Defendant driven CMW520d car at approximately 13 km from the roads near the main store located in Songpa Olympic Games to the river from the river near the Yongsan-gu Seoul Olympic Games to the river from the river from the river from the river near the Yongsan-gu, Seoul.

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

Summary of Evidence

1. A written appraisal of the defendant's legal statement and a report on detection of the driver;

1. To apply investigation reports (in relation to requests for collection of blood of suspects), criminal history records, reply reports, and criminal investigation reports 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished once for drinking driving in 2019, he/she also driven the instant drinking, and the drinking alcohol level at the time of the instant case is high.

In addition, due to the drinking driving of this case, a traffic accident that conflicts with the two-lane iron outer wall after the defendant conflicts with the one-lane traffic island.

On the other hand, as the defendant again does not commit such a mistake, he reflects his mistake in depth, and there is no record of criminal punishment exceeding the fine.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance in this case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.

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