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(영문) 서울남부지방법원 2020.06.16 2019고단6350
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 May 11, 2009, the defendant was notified of a summary order of a fine of one million won as a crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Busan Branch.

Criminal facts

On November 10, 2019, at around 23:05, the Defendant driven C Costex van with the alcohol concentration of about 0.129% under the influence of alcohol from the 2km section of approximately 2km to the same Gu’s front road.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

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.

The defendant shall order the defendant to attend social service for 80 hours and a compliance officer for 40 hours.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

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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