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(영문) 서울남부지방법원 2020.10.15 2020고단2291
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 April 11, 2020, at around 21:20, the Defendant driven a Grand Corresponding vehicle under the influence of alcohol level of about 0.216% from around the 4km section from around the 309 additional digital group near the Geumcheon-gu Seoul Metropolitan Government Pois, to the 21:32 day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the report on the circumstantial statement of a drinking driver, the investigation report, the results of the crackdown on drinking driving, and the written appraisal of alcohol alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 blood alcohol concentration of the defendant is very high and the distance from driving under the influence of alcohol is also visible;

The defendant caused a heavy accident while driving a drinking water.

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.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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