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(영문) 서울동부지방법원 2015.02.12 2014고단3739
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 February 10, 201, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Seogu District Court's branch court on February 10, 201, and KRW 4 million for the same crime at the Daegu District Court on November 28, 201.

Nevertheless, around November 15, 2014, around 03:17, the Defendant driven B K5 cars under the influence of alcohol with approximately 0.104% alcohol concentration in the 3km section from the roads near the rock station located in the Gangdong-dong, Gangdong-gu, Seoul Metropolitan Government to the roads near the same 23km-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report, the circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the result of measurement of drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act shall be sentenced to the same sentence as the order in consideration of all the circumstances, such as the reason for sentencing, the influence of drinking alcohol measurement, the record of drinking alcohol driving, the risk of recidivism, the defendant's reflection, etc.

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