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(영문) 서울동부지방법원 2013.06.07 2013고단974
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 14, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on March 16, 2012, a summary order of KRW 4 million was issued from the Seoul East East District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

On April 15, 2013, at around 00:45, the Defendant driven a cafeteria with approximately 2 km from the front of the restaurant where the trade name in the Cheongdamdong in Gangnam-gu Seoul is unknown to the front of the cafeteria, Seongdong-gu Seoul, to the road 630, and the B K5 car under the influence of alcohol with a blood alcohol concentration of 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, a record book for drinking and a record book for alcohol appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Feb. 2, 2012) (see, e.g., Supreme Court Decision 2009Da1448, Feb. 2, 2012)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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