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(영문) 서울남부지방법원 2020.06.16 2019고단6328
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 January 22, 2018, the Defendant was notified of a summary order of a fine of KRW 1.5 million by the Seoul Central District Court for a violation of the Road Traffic Act.

Criminal facts

On November 29, 2019, at around 00:11, the Defendant driven C-5 car while under the influence of alcohol content of about 0.056% from the 10km section from the roads near the Yeongdeungpo-gu Seoul Metropolitan Government Siksandong to the roads front Gangseo-gu Bukra.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of a copy of the summary order of criminal records, reply reports (A) and Seoul Central District Court 2018 High Class 21;

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. The details and punishment of an order to attend a lecture during the period of sentencing under Article 62-2 of the Criminal Act, interval from the former, the drinking volume in this case, the circumstances after the crime, etc.

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