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(영문) 서울동부지방법원 2014.01.16 2013고단2931

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On March 18, 2011, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 30, 201, issued a summary order of KRW 2.5 million for the same crime at the Seoul Central District Court.

On November 11, 2013, the Defendant was under the influence of alcohol of 0.109% on blood alcohol level at around 23:06, the Defendant driven a B-to-purd vehicle from approximately 500 meters away from the front side of the Incheoncheon-dong, Gangdong-gu, Seoul to the same 337-97 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Details of inquiries about the results of the control of drinking driving, reports on the circumstances of drinking drivers, and management of reports on detection of drinking alcohol;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (formerly previous records), and application of Acts and subordinate statutes attached to summary orders;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [Article 55(1)3 of the Act [Article 53 and Article 55(1)3 of the Act [Article 55(1)3 of the Act [Article 55(1) of the Act is divided in depth by the defendant, the distance of the defendant's drinking driving is relatively short, there is no criminal punishment other than a fine, and the defendant's violation of the Road Traffic Act (Article 55(1)(Article 55(1) of the Act) among each of the crimes

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;