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(영문) 서울남부지방법원 2014.11.28 2013고단4146
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 19, 2008, the Defendant was punished on two or more occasions by imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. at the main branch of the Chuncheon District Court on August 19, 2008, and on September 2, 201, by a fine of five million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the District Court on March 2, 201.

On September 14, 2013, around 09:37, the Defendant driven B rocketing car under the influence of alcohol content of about 100 meters from a section of approximately 100 meters to the front road of Gangseo-gu Office located in Gangseo-gu Office, Gangseo-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 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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