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(영문) 서울서부지방법원 2013.12.12 2013고단2964

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 October 13, 2008, the defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Seoul Central District Court on October 13, 2008, and a summary order of three million won or more for the same crime at the same court on April 13, 201.

On September 30, 2013, at around 00:05, the Defendant driven a vehicle B with a blood alcohol content of about 0.072% under the influence of alcohol in the section of about 1km from the front of the Hannam-dong, Yongsan-gu, Seoul to the 809 front of the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss: Application of the Acts and subordinate statutes of inquiry reports and investigation reports, including criminal records;

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 imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (including the fact that there is no serious criminal record);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;