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(영문) 서울중앙지방법원 2015.08.26 2015고단3893
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 February 11, 2010, the Defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 23, 201, to a summary order of two million won by a fine for a violation of the Road Traffic Act (driving), at the Seoul Central District Court on July 23, 201, and on April 1, 201, to a summary order of three million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 1, 201. On July 26, 2012, the Defendant was sentenced to a fine of ten million won by the Seoul Central District Court on July 26, 2012.

Although the Defendant had a history of driving under the influence of alcohol four times as above, around January 31, 2015, around 08:45, the Defendant driven a Cdisber vehicle in the direction of approximately 6km from the vicinity of the Gangnam-gu Seoul New Station to the roads under the 1st, Seocho-gu Seoul Seocho-dong, Seocho-gu, Seoul, Yang Jae-do, with a blood alcohol content of more than 0.050%.

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 survey report on the actual condition and a report on the occurrence of a traffic accident;

1. A report on detection of a drinking driver and a certificate of measurement of drinking;

1. Previous convictions in judgment: Criminal records, investigation reports (suspect's records of drinking alcohol), summary orders, and application of statutes;

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

1. Selection of an alternative imprisonment with prison labor (with prison labor considering the fact that a motor vehicle accident occurs while driving a motor vehicle again while driving a motor vehicle, despite the fact that four times of a fine due to non-driving);

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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