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(영문) 서울남부지방법원 2014.06.27 2014고단1587

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 December 26, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on December 26, 2007, and on April 5, 2010, the Defendant issued a summary order of KRW 4 million for the same crime, etc. in the same court.

On April 30, 2014, at around 16:58, the Defendant driven B Poter cargo vehicles with a blood alcohol concentration of at least 0.330% from the 2km section from the 10-2nd road of Yangcheon-gu Seoul Metropolitan Government to the 10-2nd road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records and investigation reports (former previous records and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;