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(영문) 서울남부지방법원 2014.12.19 2014고단4116

도로교통법위반(음주운전)

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

On August 3, 2012, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and on July 11, 2013, the Seoul Southern District Court issued a summary order of KRW 2 million to a fine of KRW 2 million for a violation of the Road Traffic Act.

Nevertheless, on September 29, 2014, around 08:15, the Defendant driven a BS car in the state of alcohol of about 0.120% of blood alcohol concentration from around the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-dong 6 to the apartment site of about 1km-dong 6, Yeongdeungpo-gu, Seoul to the apartment site of about 8-dong, Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of a copy of the criminal records and summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Determination of the sentence like the order shall be made, in consideration of the fact that the punishment is repeated for the reason of sentencing under Article 62 (1) of the Criminal Act, and the confession and reflection, the fact that there is no serious criminal record exceeding the fine, and the fact that it does not reach a traffic accident, etc.;