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(영문) 서울남부지방법원 2020.08.13 2020고단795
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

[Criminal Power] On April 3, 2009, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On February 13, 2020, at around 23:30, the Defendant driven C Lasta car under the influence of alcohol concentration of 0.161% on the road of approximately 17 km from the Do near the luminous Station, Guro-gu, Seoul, to the underground parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Statement on the circumstances of a drinking driver, investigation report, and record sheet on drinking alcohol measurement;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act: Details and punishment of drunk driving in the past, interval from the former, drinking volume in the instant case, circumstances after the commission of the crime, etc.

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