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(영문) 서울중앙지방법원 2020.10.23 2020고단6383
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

At around 03:00 on April 4, 2020, the Defendant driven a DPoon car under the influence of alcohol concentration of 0.213%, while under the influence of alcohol level of 0.213% in the section from the Seoul Gangnam-gu Seoul to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of the survey report on the actual condition of the driver;

1. Application of Acts and subordinate statutes to internal investigation reports, field photographs, accident images, CDs, vehicle repair estimates, and each investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the number of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act is very high: Provided, That driving distance is not long, the punishment shall be determined as ordered in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc.

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