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(영문) 서울북부지방법원 2020.06.11 2020고단242
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 March 24, 2010, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and on July 30, 2010, issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Seoul Northern District Court on July 30, 2010, and on March 27, 2012, issued a summary order of 5 million won for a crime of violation of the Road Traffic Act at the Seoul Northern District Court on March 27, 2012.

On January 3, 2020, at around 05:49, the Defendant driven C Lasta car in the state of alcohol alcohol concentration of about 0.073% from the first place of the mutually unfluent week in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to the front day of the same Gu B apartment zone.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, details of crackdown, and result of crackdown on driving under the influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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;

1. The fourth degree of the reasons for the sentencing of Article 62-2 of the Criminal Act, but the interval with the last force and the developments leading up to the crackdown of this case, the fact that there was no previous conviction exceeding the fine, and the fact that the defendant's serious reflection and recidivism are committed, etc. In addition, the punishment as ordered shall be determined by taking account of various factors of sentencing, such as the defendant's age, family relation, character and behavior, living conditions, etc.

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