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(영문) 서울동부지방법원 2012.12.14 2012고합541

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Violation of the Composition Requirements] On March 7, 2008, the Defendant was a drunk driver at the Seoul Mapo Police Station, and on March 20, 2008, the Seoul Western District Court sentenced a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Western Police Station on May 2, 2008, and was charged for a drunk driver at the Seoul Mapo Police Station on May 2, 2008, and was sentenced to a two-year suspension of imprisonment for a violation of the Road Traffic Act (or an order) at the Seoul Western District Court on July 8, 2008.

[The Defendant was under the influence of alcohol level of 0.095% on October 1, 2012, at around 09:58, the Defendant driven a B-crick passenger car from Gwangjin-gu, Seoul, Seoul, Seoul, to 297-18, G-dong 663-7, Jungdong-gu, Seoul.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Examination protocol of suspect;

1. A written statement (C);

1. Report on the results of the crackdown on drinking driving, the report on the actual state of drinking drivers (violation that meets the requirements for composition);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (main grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act (Consideration of the main grounds for the suspended sentence);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. (main grounds for the form of punishment) / The circumstances specified in the instant judgment / None of criminal records except for the criminal records stated in the criminal facts / The words, characters, character and environment, intelligence and environment, motive, means and consequence of the crime, etc. [Explanations and guidance] - Since drinking culture formed in the agricultural and fishery society cannot be maintained in the scambling society, it is necessary to establish drinking culture and norms consistent with the scambling and fishery slope society. Moreover, the short-term sentence should be avoided as much as possible.