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(영문) 서울동부지방법원 2013.09.05 2013고단1804
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2008, the Defendant was issued a summary order of two million won or more for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court, and on May 10, 2010, the Defendant was issued a summary order of three million won or more for a violation of the Road Traffic Act at the Seoul Central District Court.

On June 13, 2013, at around 22:46, the Defendant driven a B ecoo vehicle while under the influence of alcohol concentration of 0.129% on the road in Gangdong-gu Seoul Metropolitan Government 409.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant was sentenced to a suspended sentence of imprisonment for the same crime as the case in 1998 and 2000, respectively, in addition to the criminal records in the judgment of the defendant, and the punishment has already been imposed on several occasions for the charge of drinking driving, and the fact that the drinking level of this case is relatively high shall be considered in determining the sentence against the defendant as a relatively unfavorable condition to the defendant.

In these circumstances, the sentencing conditions, such as the defendant's age and character and behavior, shall be determined as per the disposition, taking into consideration all circumstances.

It is so decided as per Disposition for the above reasons.

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