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(영문) 서울서부지방법원 2014.04.10 2014고단128
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 10, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on July 14, 201, at the Seoul Central District Court issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act. On November 16, 2013, the Defendant re-issuedd a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court. On November 16, 2013, the Defendant driven a vehicle with approximately KRW 300 meters in Han-dong, Yongsan-dong, Seoul, and approximately KRW 500 meters in the section near the Yongsan-dong, Yongsan-gu, Seoul Central District Court while under the influence of alcohol of KRW 0.096% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

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