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(영문) 서울동부지방법원 2013.10.14 2013고단1935
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 of the final judgment.

Reasons

Punishment of the crime

On May 25, 2012, the Defendant was sentenced to a fine of three million won at the Seoul Eastern District Court for the crime of violation of the Road Traffic Act (driving). On November 19, 2012, the Defendant was sentenced to a fine of four million won by the Jung-gu District Court for the crime of violation of the Road Traffic Act (driving).

On July 14, 2013: around 03:17, the Defendant driven B QM5 car while under the influence of alcohol content of 0.207% at the stud apartment parking lot located in Gangdong-gu Seoul Metropolitan Government 337-19, Gangdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Place where drinking alcohol is measured;

1. Criminal records as judged: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no history of punishment for imprisonment or heavier punishment, and that his mistake is recognized and reflected

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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