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(영문) 서울동부지방법원 2013.08.01 2013고단1292

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 15, 2004, the Defendant issued a summary order of KRW 4 million to the Seoul Northern District Court on the grounds of the charge of violation of the Road Traffic Act on November 15, 2004, including a fine of KRW 2.5 million in Seoul Northern District Court and a crime of violation of the Road Traffic Act on January 24, 2007.

1. On May 29, 2013, around 00:20 on May 29, 2013, the Defendant driven a Bnew-XG car with a blood alcohol content of 0.133% under the influence of alcohol at approximately 500 meters from the section of approximately 500 meters, from May 29, 2013 to the road above 337-92.

2. On May 30, 2013, around 11:46, 2013, the Defendant driven a car as stated in the above paragraph (1) while under the influence of alcohol with a 0.175% alcohol concentration of 0.175% at a section of approximately 500 meters from the Gansan Hospital located in Songpa-dong, Songpa-gu, Seoul to the road of about 460 meters in Sungdong-dong, Gangdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the state of his/her driving, investigation report, and control report on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment as provided for in the crime of violation of the Road Traffic Act, which was committed on May 30, 2013 with heavier punishment);

1. It is so decided as per Disposition on the grounds of not less than Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant is able to repent his wrongness in depth, the circumstances leading to each of the crimes of this case, the family relationship of the defendant, economic situation, etc.).