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(영문) 서울동부지방법원 2013.12.19 2013고단2708

도로교통법위반(음주운전)

Text

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 December 28, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Jung-gu District Court on December 28, 2007, and a fine of KRW 4 million for the same crime in the same court on March 19, 2008.

On September 17, 2013, the Defendant was under the influence of alcohol with 0.096% of blood alcohol concentration around 22:10 on September 17, 2013, and the Defendant was driving at the Gogi House located in Songpa-gu Seoul, Songpa-gu, Songpa-gu, Seoul to the front of the flori apartment in the 150-dong, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Code for Discretionary Mitigation [the fact that the defendant is breaking his wrong depth, the measured drinking alcohol level is not high, the defendant still has no sentence yet to be sentenced, and the violation of the Road Traffic Act (the fact that 'two or more times's previous convictions constituting the crime of drinking alcohol driving' are cut down before the enforcement of the current Road Traffic Act punishing them, and there are some concerns for consideration.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;