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(영문) 서울중앙지방법원 2013.10.11 2013고단4690

도로교통법위반(음주운전)

Text

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

[criminal power] On October 2, 2003, the defendant was sentenced to a summary order of 2 million won as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court's Branch on January 22, 2007, a summary order of 2 million won as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch Branch on January 22, 2007, and on January 9, 2008, the defendant was sentenced to a summary order of 3 million won as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch on January 20, 2008. On October 20, 2008, the defendant was sentenced to imprisonment with prison labor for 5 months and a suspended sentence of 1 year.

【Criminal Facts】

On June 19, 2013, around 04:03, the Defendant driven Cbenz car at approximately 50 meters away from the road in front of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 442-4 to the road in front of the same 442-1, while under the influence of alcohol concentration of about 0.176%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (No. 6 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of criminal records, investigation reports (previous and confirmation), references to the summary agreement of a case, copies of summary orders, and copies of judgments under 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 on probation and order to attend a lecture has been four times (three times a fine, three times a suspended sentence), the crime of this case is not good in light of the fact that the defendant again committed the crime of this case, although it is not good in light of the fact that the defendant was committed at the time of and against the crime of this case, the distance operated by the defendant is relatively short, and other sentencing conditions indicated in the records, such as the defendant's age, character, conduct and environment, shall be determined as ordered by considering the sentencing conditions