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(영문) 서울북부지방법원 2013.04.25 2013고단405

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person with the same kind of force on September 4, 2008, including a fine of two million won in Seoul Southern District Court on August 6, 2009, a fine of seven million won in Seoul Southern District Court on August 6, 2009, and a fine of one million won in Seoul Northern District Court on June 3, 2010.

On February 4, 2013, at around 22:29, the Defendant driven the BM5 passenger car from the Do before the session of Dongdaemun-gu Seoul Dongdaemun-gu to the road 653-4, 10km in Nowon-gu, Seoul, while under the influence of alcohol by 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Control note;

1. Each on-site evidence photograph;

1. Details of the management and inquiry of each master entry report;

1. Application of Acts and subordinate statutes to inquiry 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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: The fact that the criminal record of the same kind was four times and that the criminal record of the same kind was escaped and that the criminal record of the same offense was committed is bad; the fact that the crime was not controlled for three years after the crackdown on February 2010; the fact that the mistake was not seriously repented; and the fact that the family members are many dependents;