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(영문) 서울남부지방법원 2020.11.05 2020고단2703
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 6, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court.

Criminal facts

On April 19, 2020, at around 14:09, the Defendant driven a ENA-si car in the state of alcohol alcohol concentration of about 0.119% from the 5km section of the Yeongdeungpo-gu Seoul Metropolitan Government to the front day of the “D” road of the building in Yeongdeungpo-gu, Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection, notification of the result of the control of drinking driving, report on the situation of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the same type of force), and application of Acts and subordinate statutes governing summary orders;

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 the past drinking driving with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the interval from the former, the drinking volume in this case, the circumstances after the crime, etc.

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