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(영문) 서울중앙지방법원 2013.12.27 2013고단7670

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 30, 2008, the Defendant received a summary order of KRW 700,000,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million as a fine in the same court on May 25, 201.

【Criminal Facts】

On October 11, 2013, the Defendant, as a person with the foregoing criminal records, driven a B X-ray car at approximately 200 meters from the front floor of the Magdong, Gangnam-gu, Seoul, under the influence of alcohol level of 0.197%, while under the influence of alcohol level around 00:33 on October 11, 2013, to the 50-day street car in the Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Results of blood collection appraisal;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The nature and circumstances of the crime are not good in light of the fact that the defendant again committed the crime of this case even though he had a record of criminal punishment of three times of a fine due to drunk driving or unlicensed driving, and that the defendant's blood alcohol concentration is very high.

However, the defendant's act of committing the crime of this case is recognized as committing the crime of this case, the defendant has no criminal record except the above punishment power, the defendant has sold his vehicle again while making the defendant not to drive alcohol, and other sentencing conditions in the records, such as the defendant's age, character and behavior, character and environment, shall be determined as ordered by the sentence.