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(영문) 서울중앙지방법원 2013.07.26 2013고단1993

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 February 23, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on November 25, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court.

At around 23:50 on January 28, 2013, the Defendant, while under the influence of alcohol of 0.080% of blood alcohol content, driven B-crin car at approximately 2km from the roads near Posco distance located in Samsung-dong, Gangnam-gu, Seoul to the 183 front roads of the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of a drinking driver, and statement of the results of crackdown on drinking driving, each of which is made;

1. Previous records: Application of the Acts and subordinate statutes that record inquiry inquiries, such as criminal records;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include the following: (a) even though the Defendant had served three times of a fine due to drunk driving and two times of a licenseless driving since 2005, repeated drinking driving again; and (b) the current Road Traffic Act provides that a person who has violated the prohibition provisions on drinking driving at least two times shall be punished more strictly in the event of a drunk driving again; (c) although the Defendant is not less vulnerable to the Defendant’s criminal liability, the Defendant’s confession is against the mistake while driving under the influence of alcohol, and the fact that the Defendant does not reach a traffic accident, considering the favorable circumstances favorable to the Defendant, the term of the Defendant’s punishment shall be set for six months, and the execution of the sentence shall be suspended, but the Act shall order the attending of the compliance driving lecture.