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(영문) 서울남부지방법원 2013.11.06 2013고단3424
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 August 2, 2013, at around 14:40, the Defendant driven Bone Star vehicle under the influence of alcohol content of about 0.20% from the 500-meter section from the 929th road of Gangseo-gu Seoul Metropolitan Government to the same career horse.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts (or choice of imprisonment, in consideration of the fact that the criminal defendant has a record of punishment for drunk driving and that the criminal defendant has a high drinking level);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects his fault and the family relationship of the defendant);

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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