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(영문) 서울동부지방법원 2014.10.01 2014고단2383
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

[criminal power] On March 4, 2010, the Defendant received a summary order of a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and a fine of KRW 3 million for the same crime at the Seoul Central District Court on December 20, 2013.

【Criminal Facts】

On August 9, 2014, the Defendant, while under the influence of alcohol 0.093% from blood alcohol level around 01:48, operated B-learning car at approximately 200 meters from the front day of the restaurant in the trade name in Songpa-gu Seoul Songpa-gu Office to the front day of the 228th day of the same white-ro.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records: Application of criminal records and other inquiries and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, the fact that there is no previous conviction or more than a suspended sentence, and the concentration of blood alcohol and alcohol);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

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