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(영문) 서울남부지방법원 2020.10.29 2020고단1991
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

【The Defendant issued a summary order of KRW 1 million at the Seoul Central District Court on October 30, 2006 for a violation of the Road Traffic Act. On March 12, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Jungyang Branch Branch of the Jung-gu District Court on March 12, 2009. On December 13, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Seoyang Branch Branch of the Incheon District Court on August 18, 201, and on December 29, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Seoyang Branch Branch Branch of the Incheon District Court on August 18, 201.

【Criminal Facts】 On March 14, 2020, around 03:21, 2020, the Defendant driven Boneex knex vehicle while under the influence of alcohol content of about 0.132% at the section of approximately 5km from the roads near the Gangseo-gu Seoul Metropolitan Government Gambro 7-ro 7-22 to the roads front of the Gangseo-gu Seoul Metropolitan Government Gambane.

As a result, the defendant has repeatedly driven a drunk even though he had the influence of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving, and on-site photographs;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of force), and copies of summary order Acts and subordinate statutes;

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 62-2(1) of the Criminal Act on probation and lecture order under Article 62(1) of the Act on the Suspension of Execution: The Defendant committed the instant crime even though he had the record of punishment several times due to drinking driving, as stated in the judgment of the court.

The defendant's blood alcohol concentration level is high.

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