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(영문) 서울동부지방법원 2020.09.22 2020고단2012
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

[criminal power] On May 13, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and on February 3, 2017, the Seoul Central District Court issued a summary order of KRW 7 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

【Criminal Facts】

around 06:38 on May 2, 2020, the Defendant driven an EW car from the cafeteria parking lot located in Gwangjin-gu Seoul Special Metropolitan City to approximately 500 meters from the cafeteria parking lot to the same Gu D, while under the influence of alcohol level of 0.16%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Before judgment: References to criminal records, references to criminal records, previous records of disposition, and application of Acts and subordinate statutes reporting results;

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 on the stay of execution (Consideration of circumstances during which a person has been placed under the influence of driving, criminal records of the same kind, criminal records of the defendant's mistake recognized and reflects in depth;

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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