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(영문) 서울서부지방법원 2020.02.20 2019고단4155
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 July 10, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act at the Seoul Western District Court, and on April 16, 2009, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months at the Seoul Western District Court for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On October 25, 2019, the Defendant driven a Damb Dob Dob, while under the influence of alcohol 0.152% of blood alcohol level from the 7km section up to the road near Mapo-gu Seoul, Mapo-gu, Seoul, to the roads adjacent to Gangnam-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same kind of crime which has been committed for ten years or more but has no same criminal record thereafter, and

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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