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(영문) 서울동부지방법원 2014.11.13 2014고단3116
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 12, 2007, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Incheon District Court, and KRW 4 million as a fine at the Seoul Southern District Court on July 15, 2013.

However, at around 22:24 October 3, 2014, the Defendant again driven a Bhuring car while under the influence of alcohol concentration of 0.121% on the 232nd road of Songpa-gu, Songpa-gu Seoul Metropolitan Government Macro-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made under the circumstances of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (a copy of summary order related to the same kind of drinking run case) and the application of each relevant statute of summary order attached thereto;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was punished twice due to the violation of the Road Traffic Act due to drunk driving, such as the first head of the judgment, but the Defendant was well aware of, and was engaged in driving at once, and that the blood alcohol level is considerably high, and thus, the quality of the offense of the Defendant is not somewhat weak.

However, considering the fact that the defendant committed a crime while committing a crime, and the fact that the defendant has no criminal record of probation or more for the last twenty years, etc. in favor of the defendant, the punishment as ordered shall be determined by taking into account various circumstances, such as the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records of this case.

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

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