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(영문) 서울서부지방법원 2013.11.12 2013고단538
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 12, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on August 12, 2008, and a fine of one million won for a violation of the Road Traffic Act at the Jung-gu District Court on October 5, 2009.

On February 27, 2013, at around 16:10, the Defendant driven a B-car with a alcohol level of 0.179%, from the front day of a drinking felb in Eunpyeong-gu Seoul Metropolitan Government, to 200 meters from the front day of a drinking felb in the non-luminous-dong of Eunpyeong-gu to the front day of 26-17, 200 meters from the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of a drinking driver, statement on the status of a drinking driver, and investigation report (applicable with the Ba mark);

1. Division: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to a judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., a white and reflective fact, the absence of serious criminal records, and the relatively short driving distance);

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

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