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(영문) 서울동부지방법원 2014.07.03 2014고단1226

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

On May 18, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on May 18, 2010, and a fine of KRW 1.5 million at the Seoul Central District Court on December 20, 2012.

Nevertheless, at around 23:58 on February 27, 2014, the Defendant driven a B-to-purd vehicle with approximately 500 meters alcohol concentration at approximately 0.105% under the influence of alcohol from the Do in front of Songpa-gu Seoul Geum-dong to the same Gu-ro 496.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement report on the circumstances of a drinking driver, inquiry report on the results of crackdown on drinking driving, control manual, and license register for driving of motor vehicles;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 same sentence as the order shall be determined against the defendant in consideration of all the circumstances revealed in pleadings, such as the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the background and distance of drunk driving, the measurement of drinking in this case, the defendant's reflectivity, etc.;

It is so decided as per Disposition for the above reasons.