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(영문) 서울남부지방법원 2013.11.27 2013고단3842

도로교통법위반(음주운전)등

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

At around 15:00 on September 23, 2013, the Defendant driven a blood alcohol concentration of 0.225% on the road in front of 332, Guro-gu Seoul, Guro-gu, Seoul, while neglecting the duty of front-down and the duty of safe driving, and escaped without taking necessary measures after the accident, while neglecting the duty of safe driving on the road in front of 332, and neglecting the duty of safe driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Articles 44 (1), 148, and 54 (1) of the Road Traffic Act concerning facts constituting an offense, as well as the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the defendant's mistake is against his/her own mistake and that the defendant's vehicle is covered by a comprehensive insurance);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);