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(영문) 서울동부지방법원 2021.02.25 2020고단4031
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2020, the Defendant: (a) driven a B car under the influence of alcohol level of 0.234% at around 15:10 on July 29, 2020; (b) while driving a two-lane from the north to the south side of Seoul Gwangjin-gu, Seoul, the Defendant changed the two-lane to three-lane by neglecting the duty of driving under the influence of alcohol as above; (c) while driving the B car under the influence of alcohol level of 0.234% at around 15:10 on the two-lanes; (d) while driving the two-lanes of the victim D(31) driving on the two-lanes in the front direction of the Defendant’s vehicle, the Defendant caused the injury of the victim, such as the d (31) conjection, dump and tension for four-day medical treatment.

2. On November 29, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Seoul Eastern District Court.

The Defendant, while under the influence of alcohol level of 0.234% during the day specified in the preceding paragraph, was driving B automobiles from the front line of Gwangjin-gu Seoul Special Metropolitan City E-Ba to the south line of the same Gu Ccheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of the actual condition of the occurrence of a traffic accident against D, such as a detailed report on the actual condition of the driver placed at the State, a report on the actual condition of the driver placed at the State, a diagnosis of the results of drinking alcohol measurement, on-site photographs

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (prior convictions in the same kind of drinking), and statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is recognized, and the defendant is the defendant.

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