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(영문) 서울서부지방법원 2013.11.05 2013고단2404

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 June 4, 2009, the Defendant issued a summary order of one million won or more as a crime of violation of the Road Traffic Act at the Seoul Central District Court on June 4, 2009, and a summary order of four million won or more as a crime of violation of the Road Traffic Act at the same court on July 19, 2012.

Criminal facts

On August 27, 2013, at around 23:39, the Defendant driven a 200-meter CMW car from the 324-9th road in Mapo-gu Seoul, Mapo-gu to the 345-1st road, while under the influence of alcohol content of 0.086%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a statement of control details;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of inquiry reports and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it reflects itself and does not intend to drive under the influence of alcohol);

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

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