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(영문) 서울동부지방법원 2013.05.22 2013고단702
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 of the final judgment.

Reasons

Punishment of the crime

On June 24, 2009, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Cheongju District Court, and a summary order of 1.5 million won of a fine at the Cheongju District Court on December 28, 2012 as the same crime.

On March 24, 2013, around 00:22, the Defendant driven a car B i30% under the influence of alcohol concentration of approximately 0.077% from the 1km section from the 431st road, Gangdong-gu, Seoul, Gangdong-gu, to the 337-92 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drinking drivers and results of the control of drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports and the application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration that there is no record of any other crime except the case where the defendant is sentenced twice to a fine due to drunk driving; and

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

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