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(영문) 서울남부지방법원 2014.01.15 2013고단4578
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 October 05, 2013, at around 21:40, the Defendant driven B Xex car while under the influence of alcohol concentration of 0.264% on the front of the Dongyang apartment 211, Dongyang apartment, which is located in the Mayang-si, Mayang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the report on internal accidents (the Tramark Official Act);

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts (to select imprisonment in consideration of the fact that the defendant has been punished as a fine for the same crime, and the drinking water is very high, as well as the fact that the defendant has received apartment flower trees while driving the motor vehicle);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2009);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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