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(영문) 서울중앙지방법원 2015.05.27 2015고단1752
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

[criminal power] On June 7, 2010, the Defendant was issued a summary order of KRW 3 million with fine due to a violation of the Road Traffic Act, etc. at the Cheongju District Court, on June 28, 2010, a summary order of KRW 700,000 with fine for the same crime in the Cheongju District Court’s Incheon Branch Branch of Daejeon District Court, and on November 14, 2012, a summary order of KRW 5 million with fine for the same crime was issued by the Cheongju District Court.

【Criminal Facts】

On March 9, 2015, the Defendant, while under the influence of alcohol level of 0.145% at around 23:59 on March 23:59, 2015, driven a motor vehicle with CW at approximately 1.6 km from the front of the public parking lot for the discharge station located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, 225 to the front of the street of the watch station located in the 1112-dong Seoul, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Papers of measurement records of drinking alcohol;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a final judgment of a suspect);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, based on the fact that the defendant again committed the crime of drinking alcohol again even though he/she had the record of drinking driving, considering the degree of blood alcohol concentration, control details, the age, character and conduct, environment and circumstances after the crime, etc., the punishment was determined as ordered by the Disposition.

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