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(영문) 서울서부지방법원 2020.11.12 2020고단2316
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 September 19, 2008, the Defendant was sentenced to a summary order of a fine of KRW 2.5 million by the Seoul Western District Court for a violation of the Road Traffic Act.

On July 5, 2020, at around 23:20, the Defendant driven a Dpo-free car in the state of alcohol alcohol concentration of approximately 0.212% in the section of about 1km from the roads of Eunpyeong-gu Seoul Metropolitan Government and Cdong to the roads front of the 199 innovative street, due to the promotion of the Gu.

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

Summary of Evidence

1. The defendant's legal statement and the defendant's written instruction;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of suspect-like power);

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., previous subparagraph and the fact that it was before 12 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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