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(영문) 서울남부지방법원 2020.11.05 2020고단4191
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 September 1, 2006, the Defendant was sentenced to a summary order of a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act (refluence of measurement), etc., and on April 16, 2015, the Defendant was sentenced to a fine of six million won by the Seoul Central District Court for a violation of the Road Traffic Act (refluence of measurement).

On June 25, 2020, at around 01:30 on June 25, 2020, the Defendant driven a car in the ENAsG90 while under the influence of alcohol with approximately 0.06% of alcohol concentration from the C parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government to the front road of the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Detection report (Violation of the Road Traffic Act), report on the circumstance of a driver with a alcohol alcohol driver, notification of the results of the control of drunk driving, investigation report (evaluation report), and investigation report (calculated of blood alcohol concentration);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, references to criminal records, investigation reports (verification of the record of refusal to measure sound), judgment, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act: Details and punishment of drunk driving in the past, interval from the former, drinking volume in the instant case, circumstances after the commission of the crime, etc.

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