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(영문) 서울동부지방법원 2013.10.24 2013고단2029
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 20, 2008, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on June 20, 2008, and on December 14, 2008, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act (driving).

On August 1, 2013, at around 22:20, the Defendant driven B Le-2 car while under the influence of alcohol concentration of 0.070% on the 544th road in Gangdong-gu, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the situation of a drinking driver, a measurement place for drinking, and a report on the actions of a drinking driver;

1. Previouss before judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, management and inquiry reports;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) 3 of the same Act (Article 55 of the same Act) states that the defendant's mistake is undriving again while breaking his depth, the blood alcohol concentration at the time of driving is not high, and the violation of the Road Traffic Act (Article 55 (1) of the same Act (Article 53 and Article 55 (1) 3 of the same Act (Article 55 of the same Act) has been reduced before the enforcement of the current Road Traffic Act), and there is room for some consideration

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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