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(영문) 서울남부지방법원 2020.10.08 2020고단1949
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 June 2, 2016, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

Criminal facts

At around 21:20 on March 11, 2020, the Defendant driven a DNA string vehicle at approximately 700 meters away from the road front of the mutual influence 0.122% near B while under the influence of alcohol with a blood alcohol concentration of 0.12%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, and circumstantial statements of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, records before disposition, results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. Sentencing of sentencing under Article 62-2 of the Criminal Act: The records of traffic-related crimes, such as drunk driving, etc., the interval from time, the drinking volume in this case, the background of the crime, the circumstances after the crime, etc.

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