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(영문) 서울남부지방법원 2020.08.20 2020고단925
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 February 5, 2020, at around 02:38, the Defendant driven a c1 ton truck under the influence of alcohol concentration of about 0.229% from the 1km section of the Gangseo-gu Seoul Metropolitan Government to the front road of Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement, investigation report, and table for request for appraisal of an employee;

1. Criminal records as indicated in the judgment: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant was driving a truck in the state of substantial exploitation;

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history that the defendant has been punished more than a fine.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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