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(영문) 서울남부지방법원 2020.06.30 2019고단6615
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

On July 7, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court.

On December 206, 2019, around 20:43, the Defendant driven a Category of C Car while under the influence of alcohol of about 0.102% from the 20km section from Gwangjin-gu Seoul Metropolitan Government to Gangseo-gu Seoul Metropolitan Government B apartment.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, notification of the results of the control of driving under the influence of alcohol, and report on the handling of cases 112;

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. 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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