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(영문) 서울서부지방법원 2020.11.12 2020고단2513
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 became final and conclusive.

Reasons

Punishment of the crime

On October 11, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and the summary order of KRW 2 million from the Seoul Northern District Court to a fine for the same crime on November 14, 2013.

On July 25, 2020, at around 00:57, the Defendant driven a C low-priced car in the state of alcohol alcohol concentration of about 0.121% at the section of about 5km from the front day of the Seodaemun-gu Seoul Westerndong to the front day of the Eunpyeong-gu Seoul Eunpyeong-gu, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's report on his legal statement, oral statement, and oral statement;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the final and previous subparagraph and the fact that it was for 2013 years);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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