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(영문) 서울북부지방법원 2020.11.05 2020고단1938
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 April 25, 2011, the Defendant received a fine of one million won for a violation of the Road Traffic Act at the Seoul Northern District Court on April 25, 201, and a fine of three million won for the same crime at the same court on April 12, 2017.

Around 04:10 on April 21, 2020, the Defendant driven a DMW car under the influence of alcohol content of about 0.069% in the section of approximately 300 meters of blood alcohol content from around 04:10 to the front road of the same Gu.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused's statutory statement crackdown, his non-disposition, his results of the drinking driving control, and his confirmation report;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice 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 following should be taken into account: Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc.; Article 62-2(1) of the same Act; Article 59 of the Act on the Probation, etc. of the Defendant’s reasoning for sentencing; however, there was no previous conviction except for the case of a fine due to drinking, and the crime committed before and after the judgment does not run in the state of high blood alcohol concentration; the Defendant did not cause an accident during the crime; and the Defendant suffers from serious brain ties

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