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(영문) 서울동부지방법원 2014.06.05 2014고단823
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2014, at around 03:10, the Defendant driven a B-learning car under the influence of alcohol content of about 0.206% from the 1km section of approximately 1km from the front day of the ero-gu, Songpa-gu, Seoul Olympic Games to the long distance of the ero-ray of the ero-ray, located in 664 as the Seoul Olympic Games.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, the report on detection of a driver, and the report on the circumstantial statement of a driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there is a history of punishment of a fine once due to the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the drinking level is considerably high, and the drinking driving is done under the influence of alcohol.

In light of the fact that a traffic accident is caused by negligence in violation of the signal and the drinking driving is discovered, a person shall be sentenced to imprisonment, and the execution of the sentence shall be suspended in consideration of the fact that the same criminal record is only once, and that the defendant reflects the sex as mentioned above, and the community service order shall be imposed together.

It is so decided as per Disposition for the above reasons.

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