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(영문) 서울서부지방법원 2013.06.04 2013고단726

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

[criminal power] On April 1, 2010, the Defendant was sentenced to a fine of 2.5 million won by the Seoul Western District Court for a violation of the Road Traffic Act (driving) and was sentenced to a fine of 1.5 million won by the same court on December 7, 2012.

【Criminal Facts】

At around 03:10 on March 26, 2013, the Defendant driven a car with approximately 20 meters from the front day of the 354-170-Yol-dong, Mapo-gu, Seoul, Mapo-gu, to the front day of the Masan-dong 355-17, Mapo-gu, Seoul, Masan-dong 355-17, while under the influence of alcohol content 0.153%.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (abrance and re-driving without drinking);

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;