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(영문) 서울남부지방법원 2015.04.03 2015고단347

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On April 23, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on August 28, 2013, the Jeju District Court issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On January 25, 2015, at around 02:30, the Defendant driven a B low-speed car with approximately 50 meters alcohol concentration of 0.186% under the influence of alcohol on the front of the Daelim Forest Station in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to the 692-1 front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on detection of a host driver;

1. Smoking photographs;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of suspect), application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act and Articles 148-2 subparagraph 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for the same kind of crime on two occasions, but again, the crime is not good for committing the instant crime.

However, in consideration of the fact that the defendant has no record of punishment exceeding a fine, the depth of the crime, and reflects it, the punishment shall be mitigated and the execution thereof shall be suspended on condition of taking a compliance driving lecture.