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(영문) 서울남부지방법원 2020.11.05 2020고단3631
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 August 25, 2016, the Defendant was issued a summary order of KRW 1 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】 On July 3, 2020, around 02:35, the Defendant driven an E QM5 vehicle while under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.137% from the 50-meter section from the front of Yangcheon-gu Seoul, Seoul to the front of Diplomatic Association located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on the situation of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the interval from the former, the drinking volume in this case, the circumstances after the crime, etc.

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