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(영문) 서울서부지방법원 2014.03.18 2013고단2936
도로교통법위반(음주운전)
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

The Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on September 13, 2007. On October 27, 2009, the above court was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) and sentenced to a fine of 5 million won for a violation of the Road Traffic Act. On July 14, 2011, the above court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving), and on October 14, 2011, was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act.

On October 29, 2013, at around 03:51, the Defendant driven a car with a volume C 500 meters 50 meters high from the roads 241-17 front, Jin-dong, Seoul, Jin-dong, 241-17, while under the influence of alcohol with 0.093 percent of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and statutes;

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. 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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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