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(영문) 서울남부지방법원 2020.09.22 2020고단1175
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 July 9, 2007, the Defendant, at the Seoul Southern District Court, issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act ( sound driving), and on June 16, 201, issued a summary order of KRW 5 million for the same crime, etc. in the Suwon District Court’s Ansan Branch on the same day. However, on March 2, 2020, the Defendant driven C rocketing car at the section of approximately 7km from the 7km to the front road of Guro-gu, Seoul to the 0.059% alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (a), confirmation of criminal records and attachment of summary order), application of Acts and subordinate statutes of a copy of summary order;

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. Suspension of execution of sentence under Article 62(1) of the Criminal Act: Details and punishment of drunk driving in the past, interval from the former, drinking volume in the instant case, circumstances after the commission of the crime, etc.

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