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(영문) 서울동부지방법원 2014.04.23 2014고단296
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 June 19, 2009, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on May 27, 2010, the Defendant was sentenced to a fine of 1.5 million won for the same crime at the same court.

On January 25, 2014, at around 22:17, the Defendant driven a B Eccoo vehicle while under the influence of alcohol concentration of about 0.119% at a 400-meter radius from the front of the Songpa-gu Seoul Metropolitan Government 11-ro to the same Olympic road of about 370 meters prior to the same Olympic Games.

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. A report on the circumstances of the driving of a motor vehicle;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (report attached to a summary order, etc.);

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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