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(영문) 서울중앙지방법원 2020.01.07 2019고단7088
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

[criminal power] On June 15, 2009, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act (driving). On July 21, 2009, a summary order of KRW 1 million for the same crime from the Seoul Southern District Court to a fine of KRW 20,000,000, and on September 11, 2014, a summary order of KRW 7 million was issued for the same crime at the Seoul Central District Court.

【Criminal Facts】

around 06:20 on October 8, 2019, the Defendant was under the influence of alcohol with 0.115% of alcohol concentration 0.15% on blood alcohol level, and the Defendant was driving the d horse frist car at approximately 100 meters from the front of Gwanak-gu in Seoul Special Metropolitan City to the front of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Reporting on detection and internal investigation (No. 7 No. 5 of the evidence list);

1. Previous for judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of three copies of the summary order under Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture order under Article 62-2 of the Criminal Act each of the reasons for sentencing are repeated driving under drinking, and considering that the defendant repeats driving under drinking, it is judged that there is a need to supervise the defendant so that he does not drive under drinking under drinking, and especially order probation.

이 사건 음주수치가 높고, 도로에서 보도블럭 한 켠에 차 바퀴를 올리고 정차한 채 자다가 단속된 정황이 불량한 점 등은 피고인에게 불리한 정상이다.

However, it did not lead to an accident due to the crackdown, and the defendant is still young and is going to enter into a marriage, and is more severe than the fine for the transfer of this case.

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