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(영문) 서울서부지방법원 2013.12.12 2013고단3074
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 30, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 30, 2010, and was sentenced to a summary order of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 24, 2013.

On October 15, 2013, at around 23:43, the Defendant driven a B-Ad vehicle with blood alcohol concentration of about 0.127% from the 1km section from the front of the pule shop in which it is impossible to identify the e-mail of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu to the road in front of the same 809-dong, Hannam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving, report on the state of drinking drivers' state statement, and written appraisal of blood alcohol;

1. Previous convictions: Before disposition, report on the results of confirmation, and application of Acts and subordinate statutes to the inquiry results;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (including the fact that there is no serious criminal record);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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