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(영문) 서울동부지방법원 2013.07.04 2013고단1095
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on January 21, 2010.

On April 11, 2013, at around 03:00, the Defendant driven a CM520 vehicle while under the influence of alcohol content 0.223% at a section of approximately 200 meters from the cM520 meters from the flusium in Songpa-gu Seoul Metropolitan Government Espamba to the roads of approximately 169 Espon-dong 169.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of driving under the influence of alcohol, written consent to the collection of blood, field photographs, the request for appraisal, written appraisal of concentration of blood alcohol, and investigation report;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201; Supreme Court Decision 2009Da1548, Feb

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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