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(영문) 서울북부지방법원 2013.12.19 2013고단2674
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 21, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, on September 17, 2010, a summary order of KRW 3.5 million from the Seoul Central District Court to a fine of KRW 3.5 million for the same crime, on October 20, 2010, and a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act and the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 21, 2013, at around 21:00, the Defendant driven the e Bancodiba while under the influence of alcohol 0.156% from the 600m section to the 837-794 U.S. child of Gangseo-gu Seoul, Gangnam-gu, Seoul, the Defendant driven the eanccodiba in the condition of under the influence of alcohol 0.156% from the 600m section.

Accordingly, the Defendant again driven a motor vehicle, etc. while under the influence of alcohol, in violation of the provision that anyone shall not drive the motor vehicle while under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be imposed in consideration of the overall circumstances, such as the fact that the person under probation and order to attend a lecture is pened in depth and has no criminal record of probation or order to attend a lecture, etc.;

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