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(영문) 서울동부지방법원 2013.04.24 2013고단586
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 18, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on October 18, 2007, and a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul East East District Court on April 11, 2008.

On March 31, 2013, around 23:31, 2013, the Defendant driven a Bcopic car with approximately 10km from a street in the vicinity of the Seoul Central District Office of Seoul to the 685-701-on the street of Seongdong-gu Seoul, Seongdong-gu, Seoul, and 0.083% of alcohol concentration 0.083% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on occurrence, a report on the state of drinking drivers, a report on the state of drinking alcohol drivers, a record book on the measurement of drinking, an inquiry into the results of the crackdown on drinking driving,

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 [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (i.e., "the reason for the

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant does not know about a large number of identical military records including the criminal records as stated in the judgment and again commits the crime of drinking driving.

However, the defendant reflects his mistake in depth, and the measured blood alcohol concentration level is not high, and the criminal records of not less than two times which constitute the crime of violation of the Road Traffic Act (driving) are cut down before the enforcement of the current Road Traffic Act, and there is some room for consideration.

It is so decided as per Disposition by taking into account the above circumstances such as the age, character and conduct of the defendant and other conditions of sentencing.

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