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(영문) 서울중앙지방법원 2015.01.07 2014고단8627

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 March 12, 2012, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 12, 2012, and KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Daegu District Court Kimcheon Branch on August 13, 2010.

【Criminal Facts】

On November 2, 2014, at around 05:02, the Defendant driven B QM5 car in the state of alcohol alcohol concentration (based on the application of the Bamark formula) 0.093% in the 5km section from the front line of the trade in French-dong, Mapo-gu, Seoul to the front line of the Dongjak-gu Seoul Metropolitan Government Troporo 22-lane 86,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (before the same kind of drinking and report accompanied by a summary order);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the fact that a person is willing not to drive a motor vehicle due to the disposal of the motor vehicle, etc. while against his/her mistake, and the fact that there is no history of punishment exceeding a fine);

1. Article 62-2 of the Criminal Act for community service and order to attend lectures;