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(영문) 서울동부지방법원 2020.04.08 2020고단271
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 18, 2008, the Defendant was notified of a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court, and a fine of KRW 3 million for the same crime at the Seoul Eastern District Court on October 30, 2009, respectively. On May 17, 2012, the Defendant was sentenced to a suspended sentence of ten months for the same crime at the Seoul Southern District Court.

【Criminal Facts】

On December 22, 2019, at around 05:23, the Defendant driven a CR car under the influence of alcohol with a 0.130% alcohol concentration in the section where the distance from a place where it is impossible to know the location from a place below the Songpa-gu Seoul divingdong to the front road of the same Gu to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes attached to criminal records, inquiry reports, the same kind of power judgment, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that the accused is willing not to repeat a crime, that there is a family member to support, and that the previous criminal offense was prior to seven years);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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