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(영문) 서울동부지방법원 2014.06.05 2014고단880
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 September 2, 2006, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on September 22, 2006, the summary order of KRW 3 million as a fine for the same crime in the same court on August 3, 2012, and the summary order of KRW 5 million as a fine in the same court on October 11, 2013, respectively.

On March 26, 2014, the Defendant, while under the influence of alcohol of 0.082% of blood alcohol concentration around 10:20 on March 26, 2014, driven a Bol XG car at the section of about 60km to the front of the Youngdong Highway located on the 26-ro 79-gil, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (Attachment to summary orders for the same type of crime);

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 probation and community service order are selected to be sentenced to imprisonment in light of the fact that there is a record of being sentenced to three times a fine for a crime of the same kind for sentencing under Article 62-2 of the Criminal Act, and the execution of the sentence is suspended by taking into account all the circumstances shown in the arguments of this case, such as the fact that the measure of drinking alcohol of this case is not high, the defendant is against the defendant, and the criminal record of drinking in the last two years is considered to have the risk of re-offending, and the probation and community service order are also imposed.

It is so decided as per Disposition for the above reasons.

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