R v Sung Goo JUN [2008] NSWDC 374

New South Wales District Court

CITATION: R v Sung Goo JUN [2008] NSWDC 374

JUDGMENT DATE: 30 July 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The appeal is dismissed. The orders of the learned magistrate are confirmed.

CATCHWORDS: CRIMINAL LAW - Appeal - driving with mid-range prescribed concentration of alcohol - no criminal history - significant reading - whether character warrants a s. 10 order

LEGISLATION CITED: Road Transport (Safety & Traffic Management) Act 1999 s 9.3A Crimes (Sentencing Procedure) Act 1999 s 10

PARTIES: Regina Sung Goo Jun

FILE NUMBER(S): 2008/10466

SOLICITORS: NSW Office of the Director of Public Prosecutions Mr Seo (for Mr Jun)

JUDGMENT

1. This is an appeal by Sung Goo Jun against a sentence imposed upon him by a magistrate at the Burwood Local Court on 17 April 2008. Mr Jun had pleaded guilty to driving whilst under the influence of alcohol. The specific offence was driving with a middle range prescribed concentration of alcohol. That was against s 9.3A of the Road Transport (Safety and Traffic Management) Act 1999.

2. The offence occurred on 27 March 2008. The learned magistrate at Burwood fined Mr Jun $950 and disqualified him for six months from driving, dating from the date of the offence 27 March 2008. I note that the standard automatic disqualification for this offence is twelve months. It may be reduced at the discretion of the sentencing judicial officer to six months but no less than that period. Mr Jun received the benefit of such a reduction.

3. What happened in this case is set out in the facts sheets which is part of exhibit A. Mr Jun was pulled over for a random breath test after going through an amber light late. Police observed that he smelt strongly of alcohol, that his eyes were bloodshot, that his speech was slurred, that he was vague in his responses to questioning and that he was unsteady on his feet. Police formed the opinion that he was well affected by alcohol. This opinion was confirmed when his reading was ascertained. He had 0.125 grams of alcohol per 100 millilitres of blood. That falls within the middle range of these offences. It is not lower than middle range which commences at .08 and is about halfway between the low and the high range.