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(영문) 서울남부지방법원 2013.11.06 2013고단3051
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 April 19, 2007, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine at the Jung-gu District Court on January 30, 2008.

On August 29, 2013, the Defendant driven B car from the 1113-6 neighboring roads in Gangseo-gu, Gangseo-gu, Seoul to the front road of the same posium, while under the influence of alcohol of 0.085% of blood alcohol level around 22:20 on August 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of drinking alcohol measurement and a report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of copies of summary order);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201);

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

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