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(영문) 서울북부지방법원 2020.11.26 2020고단2525
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 June 12, 2009, the defendant had been sentenced to a fine of two million won for a violation of the Road Traffic Act at the Cheongju District Court on June 12, 2009.

At around 23:00 on June 6, 2020, the Defendant driven Falba in the state of alcohol 0.124% of the blood alcohol concentration at approximately 100 meters from the Do in front of C in the Seoul Northernbuk-gu B to the front of E in the same Gu.

Summary of Evidence

1. The defendant's legal statement, inquiry into the records of crackdown on drinking driving, the report on the status of the drinking driver, and the investigation report (the circumstantial report of the drinking driver);

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of imprisonment for a term 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 punishment as ordered shall be determined in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the driving distance and the degree of blood alcohol concentration, the time interval with the previous records of drinking driving, the fact that the defendant reflects his/her wrongness, the fact that the defendant does not have any criminal record exceeding the fine, and other factors of sentencing, such as the age, occupation, family relationship, personality and conduct

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