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(영문) 서울동부지방법원 2021.01.12 2020고단3025
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

On March 15, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on March 15, 2013. On November 26, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on April 2, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Seoul East District Court.

Criminal facts

On August 17, 2020, around 02:35, the Defendant driven Dsch Rexroth vehicles while under the influence of alcohol content of about 0.175% in the 6km section from Gangdong-gu Seoul to the roads near Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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