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(영문) 서울남부지방법원 2014.01.27 2014고단46
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2011, the Defendant was notified of a summary order of KRW 1,50,000 of a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court, and was notified of a summary order of KRW 2,00,000 of a fine by the Seoul Western District Court on August 27, 2013.

On January 3, 2014, at around 23:01, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.080% by 0.0% on the roads near the dodo basin located in the dododong, Yeongdeungpo-gu Seoul Metropolitan Government, to the roads in the same Gu-ro 3.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and a report on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

1. Relevant provisions of Article 148-2 (2) 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 2009Da15448, Apr. 1, 2009);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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