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(영문) 서울중앙지방법원 2014.01.24 2013고단7831
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 June 21, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court at around that time. On November 3, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court at around that time, and confirmed around that time. On January 25, 2010, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court at the Chungcheong District Court at the Cheongju District Court at around that time, and the criminal record of drinking driving was finalized at least twice.

On November 14, 2013, at around 23:26, the Defendant, while under the influence of alcohol of 0.063% of blood alcohol concentration, 3 Jongno-gu Seoul Jongno-ro 3 driven the C car from the vicinity of the national holidays to the front of the National Tax Service by approximately 1 kilometer 1 kilometer from the Jung-gu Seoul to the front of the National Tax Service.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previouss before ruling: Criminal records, references to each disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course is that the defendant again commits the instant crime even though he had the record of five times punishment due to drunk driving or unlicensed driving.

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's perception of the crime of this case and reflects his mistake in depth; (b) the defendant has no previous convictions exceeding the fine; (c) the defendant's blood alcohol concentration is low; and (d) the defendant's age, character, conduct and environment and other factors of sentencing

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