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(영문) 서울남부지방법원 2015.02.13 2014고단4994

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 8, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court, and on January 20, 2010, issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on January 20, 2010, and thereafter issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court on August 20, 2012.

On November 25, 2014, at around 20:15, the Defendant driven a car owned by the Defendant from the front side of the luminous Lighting Station, which was under the influence of alcohol by 0.140%, to the front side of the luminous Lighting Station, in light of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, for approximately four km section from the front side of the luminous Lighting Station to the front road.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence shall be determined as ordered in consideration of the fact that the reason for sentencing under Article 62(1) of the Criminal Act is recognized, and that it does not reach a traffic accident;