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(영문) 서울동부지방법원 2021.01.27 2020고단3775
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court as a crime of violating the Road Traffic Act.

On October 18, 2020, around 07:55, the Defendant driven Bolf 2.0 GTI car in the state of alcohol alcohol level from approximately 3km to the Golf 2.0 GTI car in the northwest-do, Gangnam-gu, Seoul, for about 71, Gosan-gu, Seoul, to the Gannam-do road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to such previous convictions and inquiries);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is to increase the possibility of traffic accidents, and thus, the risk of drinking driving is realized due to the occurrence of actual traffic accidents. The Defendant has a record of being sentenced to a fine once due to drinking, the driving distance was long and the blood alcohol level was considerably high, and the sentencing conditions in the trial process of the instant case, such as the circumstances after the crime, shall be determined by taking full account of the following factors.

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