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(영문) 서울서부지방법원 2014.05.27 2014고단225

도로교통법위반(음주운전)

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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

On December 30, 2011, the Defendant was issued a summary order at the Seoul Eastern District Court in Seoul, and on January 13, 201, the Seoul Western District Court issued a summary order as a crime of violation of the Road Traffic Act on December 30, 201, and on January 13, 201, two times the record of driving under the influence of alcohol.

On December 21, 2013, at around 04:00, the Defendant driven a B-owned car under the influence of alcohol concentration of approximately 0.107% from a two-km section of the public road located in the Han River-ro, Yongsan-gu, Seoul to the front side of the access road to the public river in Mapo-gu, Mapo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Records and records: Application of Acts and subordinate statutes to inquiries and inquiries, such as criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Although Article 62-2 of the Criminal Act of the Order to Attend a lecture has been punished twice due to drinking alcohol, the punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the accused recognizes his/her mistake and reflects his/her mistake; (b) there is no criminal record exceeding the fine; and (c) the accused has no other criminal records beyond the fine;