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(영문) 서울남부지방법원 2020.10.08 2020고단2649
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 June 28, 2016, the Defendant issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court on the following day: (a) On April 17, 2020, the Defendant driven an Eyststa car at the section of approximately 8km from the roads near Gangseo-gu Seoul to the roads front of the Seoul Yeongdeungpo-gu and the D stations, while under the influence of alcohol level of KRW 0.122% on the alcohol level around April 17, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the crackdown on

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order 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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