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(영문) 서울남부지방법원 2020.10.08 2020고단1642
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 August 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Ansan District Court of Suwon on August 4, 2012

Criminal facts

On March 7, 2020, at around 10:12, the Defendant driven a three-meter-free car under the influence of alcohol level of 0.194% in front of Guro-gu Seoul Metropolitan Government on the roads.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the circumstantial statement of a drinking driver, investigation report, records on the measurement of drinking alcohol, and records on blood alcohol appraisal;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on the past record of the violation of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.

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