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(영문) 서울남부지방법원 2013.12.12 2013고단3886
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 March 6, 2008, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act in the Seoul Central District Court on March 6, 2008, and a fine of five million won for the same crime in the same court on August 20, 2010, respectively, and was notified of a summary order of five million won for the same crime in the same court on November 8, 2013.

On November 2, 2013, at around 04:30, the Defendant driven a lus vehicle B under the influence of alcohol content of about 3 km from the vicinity of the Mangsan Station located in Yeongdeungpo-gu Seoul Metropolitan Government, to the scambling distance at around 04:55 on the same day, while under the influence of alcohol by 0.089% of alcohol content.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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