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(영문) 서울남부지방법원 2013.10.31 2013고단3240

도로교통법위반(음주운전)

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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 February 22, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on February 22, 2010, and was sentenced to a fine of three million won for the same crime in the same court on October 22, 2007.

Around 03:00 on July 21, 2013, the Defendant driven a B low-priced car from the parking lot in Yangcheon-gu Seoul, Yangcheon-gu, Seoul to the front of the same hospital at approximately 50 meters from the parking lot in the 911 Gakdong Hospital to the road in front of the same hospital.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A certificate of drinking alcohol measurement, a report on the state of drinking drivers, and a report on the state of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as there is no power to be punished in excess of a fine, place of driving, distance, etc.);

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

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