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(영문) 서울서부지방법원 2020.09.03 2020고단1630
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 March 31, 2017, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On April 25, 2020, at around 02:59, the Defendant driven a B SP car with a blood alcohol concentration of 0.131% from around 300 meters to around the public toilets in Yongsan-gu Seoul, Yongsan-gu, Seoul, 40-ro 50-gil, as it was in front of the public toilets in Yongsan-gu, Seoul, the Defendant driven a B SP car with a alcohol level of 0.131%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (limited to a summary order of violation of the Road Traffic Act);

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., Supreme Court Decision 201Da1548, Apr. 1, 201);

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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