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(영문) 서울남부지방법원 2013.05.28 2013고단1047
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

On March 15, 2007, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on March 15, 2007. On April 16, 2009, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the

On March 18, 2013, at around 23:37, the Defendant driven a DNA car in the state of drunk alcohol concentration of about 0.110% from the 1km section of Guro-gu Seoul Metropolitan Government to the 685 front road.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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