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(영문) 서울중앙지방법원 2014.07.09 2014고단2569
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven 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 is a person who is engaged in the operation of the C Launa car.

On March 29, 2014, at around 03:20, the Defendant driven the said car with a view to driving 0.162% of alcohol concentration at a normal level due to the influence of alcohol, and driving the said car toward the direction of 284-lane 4-lane 1, Gwanak-gu, Seoul Special Metropolitan City, by driving the car, and driving the car on the direction of the emulculation distance from the emulculation distance, and neglecting the duty of emulculation and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and the right and duty and the right and duty and duty and duty are exercised by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes by which the applicable provisions of Acts to the crimes apply to the crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] In the case of the Type 1 (Bodily Injury resulting from Traffic Accidents) of the General Traffic Accident (Special Mitigation) (Special Mitigation) (Special Mitigation)] / In a case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (Decision of Sentence] (Decision of Sentence], one time due to a suspended sentence of two years.

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