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(영문) 서울남부지방법원 2014.10.23 2014고단3312
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

On September 15, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 15, 201, and on May 31, 2012, the Seoul Central District Court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at least twice.

On July 25, 2014, at around 21:25, the Defendant driven a D body-wide car with approximately 15 meters alcohol concentration 0.161% under the influence of alcohol at the 15m section at the entrance of the parking lot, from the parking lot of the doroto building located 6-30, Yeongdeungpo-gu Seoul Metropolitan Government International Finance to the entrance of the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (former and confirmative report);

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. 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 a relatively short period of sentencing, and the fact that the defendant has a high drinking level. However, the nature of the crime is minor in light of the fact that the defendant recognizes and reflects the crime, the defendant has no record of punishment exceeding the fine, and the punishment is determined as ordered in consideration of all the conditions of sentencing, including the defendant's age, character and conduct, environment, and circumstances after the crime.

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