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(영문) 서울남부지방법원 2020.11.12 2020고단2979
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

【Criminal Power】 On October 19, 2015, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violating the Road Traffic Act.

(2) On May 20, 2020, the Defendant: (a) was driving a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the circumstantial statement of a drinking driver (Attachment to an investigation report) and notification of the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (report on attachment of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant committed the instant crime even though he/she had the record of punishment of a fine due to drunk driving, as stated in the judgment of the court below, and caused a traffic accident while drunk driving.

The defendant's blood alcohol concentration level is very high, and the distance from drinking is also visible.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history that the defendant has been punished more than a fine.

The defendant's main figures want the defendant's wife against the defendant.

The above circumstances and the records and arguments of this case, including the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.

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