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(영문) 서울동부지방법원 2014.12.18 2014고단3379
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 26, 2007, the Defendant issued each summary order of KRW 1.5 million at the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and on July 2, 2013 at the Seoul Central District Court for the same crime, etc.

Although the Defendant was punished twice as a crime of violation of the Road Traffic Act (driving) as above, on September 27, 2014, at around 23:05, the Defendant driven B K5 cars while under the influence of alcohol at least 0.173% of blood alcohol concentration on the front of apartment apartment apartment complex in the Seo-dong in Yangju-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of judgment, etc.);

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 or Imprisonment);

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

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

1. The same sentence as the order shall be determined in consideration of all the circumstances, such as the reason for the sentencing of Article 62-2 of the Social Service Order Act and the distance therefrom, the degree of drinking alcohol measurement, the previous record of drinking alcohol driving, the defendant's serious reflectivity. It is so decided as per Disposition for reasons above.

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