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(영문) 서울동부지방법원 2015.03.04 2014고단3932
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

[criminal power] On June 12, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court Branch of the Daejeon District Court on June 12, 2009, and KRW 2 million as a fine in the same court on March 23, 2010.

【Criminal Facts】

On November 10, 2014, the Defendant, while under the influence of alcohol at 00:11% of blood alcohol concentration, driven a Cina car at the section of approximately 30 km from the Incheon Jung-gu Incheon Jungdong Airport New Airport Highway to the road front of the 28.2km Seoul in the direction of the Incheon Jung-gu Airport Highway.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

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 (see, e.g., reflectiveness, the fact that there is no criminal record of suspended execution or heavier punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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