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(영문) 서울북부지방법원 2020.08.27 2020고단1406
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 April 17, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court, and KRW 2.5 million for a fine in the Busan District Court's Dong Branch on January 30, 2018.

At around 08:00 on March 5, 2020, the Defendant driven a rocketing car under the influence of alcohol content of about 0.06% in approximately 40 meters from the Do near the Gu Office Btel to the Do in front of the DKap in the same Gu C from the Do in the same Gu.

Accordingly, the Defendant driven a car in a drunken state at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of, and reporting on, violations of the Road Traffic Act, notification of the results of the drinking driving control, field photographs, and output of road beauty;

1. Application of Acts and subordinate statutes to investigation report (report accompanied by output of the summary order);

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 grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) there is no criminal record except for the criminal records indicated in the judgment of the defendant; and (b) the blood alcohol concentration at the time of the crime in the judgment was not high.

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