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(영문) 서울남부지방법원 2014.05.16 2014고단1062

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 26, 2014, at around 21:45, the Defendant driven a non-registered motor vehicle that is not covered by mandatory motor vehicle insurance, while under the influence of alcohol content of approximately 0.260% from the section of approximately 200 meters of blood alcohol at the same Doro-ro, Guro-gu Seoul Metropolitan Government to the front intersection of the Han new apartment (Guro-dong) located in the same Gu 49 (Guro-dong).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and 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. Mitigation of discretionary work and consideration given to the cases falling under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the cases in which he/she repents falsely and the cases in which he/she does not have any previous conviction falling under a suspended sentence

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;