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(영문) 서울동부지방법원 2014.07.21 2014고단1548

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be taken into account for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2008, the Defendant was sentenced to a summary order of a fine of 1.5 million won by committing a violation of the Road Traffic Act at the Seoul Central District Court, and was sentenced to a fine of 5 million won by the Seoul Northern District Court on July 25, 2012.

At around 06:20 on May 21, 2014, the Defendant was under the influence of alcohol with 0.087% of blood alcohol concentration, and the Defendant driven a 4 km quantity B EF rocketing car from the Songpa-gu Seoul Metropolitan Government ridge-ro 19 miles.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the drinking control, and the statement of the status of a drinking driver;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the judgments of the same kind of case, etc.);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. In full view of the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, the following factors) of the suspended sentence, the Defendant’s severe punishment is inevitable in view of the following: (a) the Defendant has already been subject to two times of punishment, such as the first head of the judgment that was held only after 2008, without being aware of the fact that he/she had already been subject to two times of punishment; and

However, in light of the fact that the defendant committed a crime, and his mistake is divided in depth, blood alcohol level is less than 0.1%, and that there has been no record of driving by drinking during the last two years, circumstances favorable to the defendant shall be considered, and other circumstances, such as the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records of this case, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.