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(영문) 서울중앙지방법원 2013.11.22 2013고단6199

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 January 7, 2008, the Defendant was notified of a summary order of one million won or more for a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 26, 2010, the Defendant was notified of a summary order of 2.5 million won or more for the same crime at the Seoul Central District Court.

【Criminal Facts】

On October 04, 2013, at around 01:09, the Defendant driven B car under the influence of alcohol of about 1k from the section of approximately 0.100% of alcohol concentration to the front road of approximately 654, Gangnam-gu, Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 three times due to drinking driving, and again commits the crime of this case, the nature of the crime is not somewhat weak in light of the fact that the defendant was committed at the time of and against the crime of this case, that the defendant has no record of punishment other than the above fine, and that the defendant has no record of punishment other than the above fine, and that the punishment is determined as ordered by taking into account the age, character and behavior, environment, etc.