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(영문) 서울동부지방법원 2020.06.24 2020고단1003
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

[criminal power] On June 11, 2014, the Defendant was notified of a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Sungnam District Court’s Sung-nam branch, and a fine of KRW 2 million as the same crime, etc. at the Jung-gu District Court on August 29, 2014, respectively.

【Criminal Facts】

On February 26, 2020, the Defendant driven B racing car under the influence of alcohol content of about 6km from approximately 0.062% at a distance of about 6km to the roads near the Seocho-dong located in Gyeonggi-gu, Seoul Metropolitan City to the point of 9.4km (board intersection direction) in the Seoul Southern East-dong, Songpa-gu, Seoul, to the roads near the SongIC.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the drinking driving control and the record of drinking measurement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that the offenses are pened, the fact that there is no previous offense exceeding the fine, the fact that the offenses are committed, the taking into account the drinking time and the driving time, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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