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(영문) 서울서부지방법원 2013.12.05 2013고단2639

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

On August 11, 2008, the Defendant received a summary order of KRW 500,000 from the Seoul Central District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on November 5, 2008, issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court on November 5, 200.

On July 16, 2013, at around 04:30, the Defendant moved to drive a car in the state of alcohol with approximately 150 meters alcohol concentration of about 0.174% from the section of about 150 meters until the road of Yongsan-gu Seoul Metropolitan City 80, Yongsan-gu, Seoul, to the road of about 216-112.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

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

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