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(영문) 서울중앙지방법원 2020.08.14 2020고단4786
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 May 1, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 5, 2020, at around 03:59, the Defendant driven a B Track vehicle with a blood alcohol content of about 0.085% from around the subway Station located in the subway Station 287, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to the front road of the public interest stamp street located in 288, Jongno-gu, Seoul.

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;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 attendance order Article 62-2 of the Criminal Code requires that the defendant should be supervised so as not to drive under drinking, considering the fact that the defendant repeats drinking, and the defendant repeats drinking. In particular, probation is specifically ordered;

In addition, considering the fact that the drinking water of this case is not low and that the circumstances discovered by the report of 112 was poor on the road, the circumstances unfavorable to the defendant, but did not lead to a sudden accident, and that the previous drinking driving records of this case are committed only once before and after the fine recorded in the judgment, etc., the prior drinking driving records of this case shall be considered favorable to the defendant, and the punishment shall be determined as ordered by taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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