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(영문) 서울서부지방법원 2015.02.12 2014고단2859

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 4, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 10, 2008, the Seoul Western District Court received a summary order of KRW 2,50,000 for a fine of KRW 2.5 million for a violation of the Road Traffic Act.

On September 22, 2014, the Defendant, while under the influence of alcohol at 0.272% of blood alcohol concentration on September 22, 2014, driven a DNA-based car at approximately 800 meters away from the Gi-dong, Eunpyeong-gu, Seoul to the front road of the 294 Search 119 Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of statutes concerning criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (abrance point);

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