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(영문) 서울동부지방법원 2013.08.29 2013고단1735
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 May 13, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on May 13, 2008, and on October 30, 2009, the Seoul East East District Court received a summary order of KRW 2 million as the above crime.

At around 02:40 on July 14, 2013, the Defendant was under the influence of alcohol with 0.229% of blood alcohol concentration, and the Defendant was driving B Abdo-purd motor vehicle in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City to 232-278.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the actual state of drinking drivers, and reports on actual state of drinking drivers;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Consideration, such as the fact that the defendant under Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation repents in depth, the fact that the defendant has not been punished by a fine other than twice a fine, and the fact that the defendant has not been punished by a fine not less than twice a previous conviction for a drunk driving" was committed before the enforcement of the current Road Traffic Act that aggravated punishment, 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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