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(영문) 서울남부지방법원 2014.12.19 2014고단4169
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 June 14, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court (Seoul Southern District Court) and a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 7, 2013, respectively.

On September 25, 2014, at around 17:10, the Defendant driven a two-wheeled vehicle under the influence of alcohol concentration of about 0.147% from the 1km section of approximately 1km to the same 17:24 on the same day, from the Cheongdobbb house located in Yeongdeungpo-gu Seoul Metropolitan Government Doro 63-ro 11, Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

1. Since the punishment of Article 62-2 of the Criminal Act is repeated, the sentence of imprisonment is to be chosen on the other hand, taking into account the fact that mistake is recognized and rebuttals, and that the person is prosecuted for a simple drinking driving, etc., as stated in the order.

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