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(영문) 서울중앙지방법원 2014.02.07 2013고단7362

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

[criminal power] On July 23, 2007, the Defendant issued a summary order of one million won for the crime of violating the Road Traffic Act at the Seoul Central District Court on July 23, 2007, and on June 29, 2010, the same court was sentenced to a fine of two million and five hundred thousand won for the crime of violating the Road Traffic Act.

【Criminal Facts】

On October 3, 2013, around 01:13, the Defendant driven a B Uidi vehicle with approximately KRW 500 meters alcohol concentration 0.087% under the influence of alcohol level 0.087%, from the roads near Dongdong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong to the roads in front of the lake bridge located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Requests for appraisal of blood alcohol concentration and response to requests for appraisal;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same criminal records and investigation reports);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice as a fine due to drinking driving, and again commits the crime of this case, the nature of the crime is not weak in light of the fact that the defendant was committed at the time of and against the crime of this case, the punishment as ordered shall be determined by taking into account the defendant's age, character and conduct, environment, etc., and other factors of sentencing indicated in the record.