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(영문) 서울서부지방법원 2014.04.01 2013고단2704
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

The defendant is a person who drives a Lone Star vehicle.

At around 02:10 on June 28, 2013, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.212% from the roads where it is impossible to find out the location of the wife near the luminous in Jongno-gu Seoul, Jongno-gu to the roads of 114-21, Seongbuk-gu, Seongbuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the main driver report, response to requests for appraisal, blood alcohol appraisal report, and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that the defendant, who has been punished three times due to the reasons of sentencing under Article 62-2 of the Criminal Act, drives drinking in the same manner, and the fact that drinking water in this case is very high, etc., the liability for the crime is not somewhat weak;

However, the fact that the driving of this case does not cause traffic accidents, etc. is considered as favorable circumstances, and the punishment as ordered shall be determined in consideration of all the circumstances which are conditions for sentencing, such as the character, conduct and environment of the defendant.

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