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(영문) 서울중앙지방법원 2014.03.19 2013고단8414
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

On November 16, 2013, around 01:28, the Defendant driven a CA6 U-di vehicle at 30 meters in a state of alcohol alcohol concentration of 0.252%, while under the influence of alcohol at the front home parking lot of Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, 1317 GT to the vicinity of the road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

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

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