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(영문) 서울서부지방법원 2014.03.27 2014고단78

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 August 6, 2007, the Defendant, at the Seoul Central District Court, issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act (driving) and on April 15, 201, issued a summary order of KRW 2.5 million with a fine for the same crime at the Seoul Southern District Court (Seoul Southern District Court). On January 6, 2014, the Defendant again driven a C fishing Code car in the state of under the influence of alcohol concentration of approximately 0.083% in the section of about 2 km from the vicinity of the Ganhee apartment in Jongno-gu Seoul Jongno-gu to the 17-ro, Seodaemun-gu, Seodaemun-gu, Seoul, to the roads near the 17-lane (Shee-dong). < Amended by Act No. 12213, Jan. 6, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Taking into account the fact that he/she disposes of his/her motor vehicle and does not drive his/her motor vehicle under influence);

1. Article 62 (1) of the Criminal Act (Reexamination of the same circumstances as the above)

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;