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(영문) 서울서부지방법원 2014.10.28 2014고단2264

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 May 6, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court on May 6, 201, and was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on October 10, 201.

On July 30, 2014, around 23:10, the Defendant driven a B Lart car under the influence of alcohol with a blood alcohol content of 0.074% 0.074% from the 2km section of the Gangwon-gu Seoul Metropolitan Government to the street on the access road to the river from the sub-section of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Although the criminal defendant, who has been punished several times due to the reasons for sentencing under Article 62(1)(the above circumstances) of the Criminal Act, drives under the influence of alcohol without permission, his/her own intention, his/her punishment is not weak, considering the facts that the criminal defendant recognized his/her mistake and reflects his/her mistake, the fact that the criminal defendant has no criminal record exceeding the fine, etc. in favor of him/her, and other circumstances constituting the conditions for sentencing, such as the defendant's age, character, conduct and environment, the punishment shall be determined as ordered