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(영문) 서울서부지방법원 2014.08.19 2014고단1290

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 2, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 2, 2007, and a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on May 15, 2009.

On April 30, 2014, at around 22:40, the Defendant driven a mixed-type car with approximately 1 km from around 16-8, Yongsan-gu, Yongsan-gu, Seoul, Seoul, with a blood alcohol concentration of at least 0.095%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Attachment of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Although the defendant, who has been punished several times due to the reasons for the sentencing of Article 62(1)(the above circumstances) of the Criminal Act, drives under the influence of alcohol without permission for driving without permission, the punishment as ordered by the court shall be determined by taking into consideration the following circumstances: although the defendant, who has been punished several times due to the reason for the sentencing, driving under the influence of alcohol without permission for driving without permission, the fact that the defendant's mistake is recognized and reflected, there is no record of being sentenced to the suspended sentence or higher,