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(영문) 서울중앙지방법원 2021.03.12 2020고단7737
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on June 1, 2007, and a fine of 4 million won as a same crime in the same court on July 20, 2007.

On September 29, 2020, around 06:18, the Defendant driven C Poter freight at the front side of the road in Gangdong-gu Seoul Metropolitan Government, Seoul, from around 10km to the front road in Gangnam-gu, with a alcohol concentration of about 0.076% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes of the inquiry letter;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As stated in the facts constituting a crime for sentencing under Article 62(1) of the Act on the Suspension of Execution, a sentence shall be determined as per the order, taking into consideration the following: (a) although there was a previous conviction for drinking as stated in the reasons for sentencing under Article 62(1) of the Criminal Act, the Defendant had been 14 years prior to drinking; (b) the Defendant had a previous drinking drinking by drinking through drinking after drinking the remaining after drinking the previous drinking alcohol; (c) traffic accidents occur; (d) children are suffering from brain-pathy and must support them; (e) economic difficulties arise; and

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