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(영문) 서울북부지방법원 2014.07.31 2014고단585

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2012, the Defendant issued a summary order of KRW 1,500,00 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on August 1, 2012, and on December 17, 2013, a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Seoul East East District Court on December 17, 2013. On February 28, 2014, the Defendant driven a B e-mail car from around the off-road in Seoul Special Metropolitan City Nowon-gu to the front road of the Jeju Nowon-gu 15-ro 16-ro, Nowon-gu, Seoul Nowon-gu, to a fine of KRW 1,50,00.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s history of being punished for the same kind of crime. However, the Defendant is in depth against the confession of the instant crime, such as the disposal of the instant vehicle, etc., and the Defendant’s blood alcohol concentration and driving distance, etc. shall be determined by taking account of the