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(영문) 서울동부지방법원 2013.05.22 2013고단689

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 of the final judgment.

Reasons

Punishment of the crime

On September 25, 2006, the Defendant was issued a summary order of a fine of 1.5 million won by a Cheongju District Court for a crime of violation of the Road Traffic Act. On January 25, 2008, the Defendant was issued a summary order of 1.5 million won by the Seoul Eastern District Court for a crime of violation of the Road Traffic Act.

On March 28, 2013, the Defendant was under the influence of alcohol of 0.218% in blood alcohol concentration on March 28, 2013, and was driving B cargo vehicle from the front day of E-Mandong in Gangdong-dong in Seoul to the front day of 517-4, Gangdong-gu Seoul, Gangdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;

1. Criminal records as indicated: Application of criminal records, etc. and other 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 on the stay of execution (Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of crime other than being sentenced twice due to drinking

1. Order to attend lectures under Article 62-2 of the Criminal Act;