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(영문) 서울동부지방법원 2014.08.06 2014고단1526

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On October 13, 2006, the Defendant was sentenced to a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on February 21, 2008, and KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 21, 2008, and on July 13, 201, the Seoul Southern District Court was sentenced to a suspended sentence of one year for six months.

On May 23, 2014, the Defendant, while under the influence of alcohol of 0.129% of blood alcohol level, driven CM3 automobiles at the section of approximately 2 km from the front of a restaurant in the mutual influence in Songpa-gu Seoul Songpa-gu to the front of the road in the Songpa-gu Seoul Hanporo 65 meters in Hanporo (locked-dong).

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;