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(영문) 서울남부지방법원 2013.10.01 2013고단2472

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not more than ten 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 June 29, 2010, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act at the Chuncheon District Court, and was sentenced to a suspended sentence of 2 months for the same crime at the Seoul Southern District Court on January 22, 2008.

On July 10, 2013, at around 07:30, the Defendant driven a car with approximately 10k section from the front of the Dog-ro Dog-ro, Hongsung-gun, Hongsung-gun to the front of the same Eup, under the influence of alcohol content of 0.064%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

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 (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

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

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