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(영문) 서울서부지방법원 2014.06.10 2014고단868
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Western District Court on November 30, 2009, and on April 13, 201, at the Seoul Southern District Court, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.

On April 11, 2014, while under the influence of alcohol at 0.14% of blood alcohol concentration, the Defendant driven Bsch Rexton car from Eunpyeong-dong in Seoul, Eunpyeong-gu to the unification of Eunpyeong-gu in Seoul, Eunpyeong-gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Before ruling: Application of criminal records, etc. protection records (A), investigation reports (report attached to judgment, etc.) 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of having been sentenced to a fine three-time due to drunk driving, and even if the defendant had been sentenced to a one-year suspended sentence for four months due to drunk driving, etc. at the Seoul Southern District Court on April 13, 2011, the defendant cannot be sentenced to imprisonment with prison labor in light of the fact that he committed the instant crime.

However, in consideration of the fact that the defendant reflects his/her mistake, the age, character and conduct of the defendant, the circumstances leading to the crime of this case, circumstances after the crime, etc., the punishment as ordered shall be determined.

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