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(영문) 서울남부지방법원 2014.07.11 2014고단1886
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 June 26, 2009, the defendant was issued a fine of one million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on June 26, 2009 and a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court on April 23, 2010.

On April 18, 2014, at around 01:50, the Defendant driven a Burstm car with a blood alcohol concentration of about 0.129% from the 3km section from the front side of the exit 72-ro 8-gil, Guro-gu, Seoul, to the front side of the malfunction-gu, Seocheon-si, Ocheon-si, Seoul.

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. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation reports (commarking formula);

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

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession and rebuttal, and the absence of any serious criminal record other than the previous conviction in the judgment);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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