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(영문) 서울남부지방법원 2014.05.22 2014고단1098

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 January 4, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on January 4, 2007, and a fine of KRW 4 million at the same court on February 12, 2013 to the same crime.

On March 21, 2014, the Defendant was under the influence of alcohol of 0.151% of blood alcohol concentration on March 21, 2014, and the Defendant driven B car from around 3km to the roads of the National Assembly located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul to the 2nd roads.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused recognizes and reflects the crime, and the fact that the accused has no criminal record of a fine or heavier punishment);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;