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(영문) 서울남부지방법원 2013.06.12 2013고단1360
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was sentenced to a fine of three million won on March 12, 2009 to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 12, 2009, a fine of two million won on January 30, 2009 to a same offense in the same court, and a fine of one million won on April 4, 2008 to a fine at the Seoul Western District Court on the same offense.

At around 00:10 on April 19, 2013, the Defendant driven a B golf vehicle under the influence of alcohol content of about 500 meters from the third floor parking lot of the Cyleinium building in Yeongdeungpo-gu Seoul Metropolitan Government to the front path of the cultural broadcasting station located in the same 96th place.

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 state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (Attachment of attached records to the same attached records) and statutes;

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 201Da1548, Apr. 2, 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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