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(영문) 서울남부지방법원 2013.09.25 2013고단2606
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 4, 2009, the Defendant was issued by the Seoul Western District Court a fine of two million won for a violation of the Road Traffic Act (driving). On April 8, 201, a summary order of two million won for a fine of two million won for the same crime from the Suwon District Court Ansan Branch Branch on April 8, 201, and a summary order of five million won for the same crime at the Seoul Southern District Court on July 1, 2013, respectively.

At around 02:10 on July 28, 2013, the Defendant, while under the influence of alcohol content 0.124%, driven D low-priced car from the 3km section of Yeongdeungpo-gu Seoul Metropolitan Government up to around 02:52 on the same day from the parking lot near the hotel in Gangseo-gu, Gangseo-gu, Seoul to the 274 front road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order of the same attached power);

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 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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