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(영문) 서울동부지방법원 2013.07.04 2012고합567

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

On October 9, 2006, the Defendant was sentenced to a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court. On July 8, 2008, the Defendant was sentenced to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

At around 05:45 on July 29, 2012, the Defendant, who had driven two or more times as above, driven a rash car while under the influence of alcohol with a blood alcohol concentration of 0.134% on the road 636-4, Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drivers, and reports on the circumstantial statements of drivers;

1. Photographss related to traffic accidents;

1. Previous convictions indicated in judgment: Application of an inquiry inquiry report, such as criminal records, an investigation report (report attached to a summary order), a summary order of 206 high-level 38324, and the Seoul Central District Court Act and subordinate statutes of the summary order of 2008 high-level 28698;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months and suspended sentence for two years shall be imposed on the defendant in light of the fact that the defendant repeatedly committed the crime of this case in the same kind even though he had been sentenced to a fine twice due to drinking driving. However, considering the fact that the defendant recognized all of the crime of this case and committed the crime of this case, etc., the defendant shall be considered as favorable to the defendant, and all other circumstances, such as character and behavior, the environment, the background, means and consequence of the crime of this case, and the circumstances after the crime, are considered as favorable to the defendant.