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(영문) 서울중앙지방법원 2013.07.26 2013고단3287

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is a person who drives a motor vehicle by borrowing B.

On May 14, 2013, at around 22:50, the Defendant driven the car under the influence of alcohol of about 1km from around 1k to the 4-14th road in Seocho-gu Seoul, Gangnam-gu, Seoul, in a state of alcohol of about 0.232% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to drinking drivers' control reports;

1. Relevant legal provisions and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even though he/she had a record of criminal punishment of a fine on three occasions due to drunk driving or unlicensed driving, and that the Defendant’s blood alcohol concentration is very high.

However, the defendant's time to commit the crime of this case, and is crypted in depth; the defendant disposes of the vehicle and again does not drive a drinking again; the defendant does not have a criminal record other than the above fine; and the defendant has no criminal record other than the above fine; and the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct and environment, shall be determined as ordered.