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(영문) 서울남부지방법원 2014.04.25 2014고단310
도로교통법위반(음주운전)등
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 22, 2010, the Defendant received a summary order of KRW 2 million from the Suwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Suwon District Court on April 8, 2013 to the same crime, etc.

On January 19, 2014, the Defendant, while under the influence of alcohol content of 0.086% without a car driver’s license on January 19, 2014, driven a car of 2 km B AW-purd XD from the street above the Han-gu Seoul Metropolitan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do dong Do Do Do Do

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes which inquiry into foreign crimes and investigation records records;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (it shall be taken into consideration, such as the fact that the relevant person is repented and has not committed any criminal offense heavier than that of the suspension of execution);

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