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(영문) 서울남부지방법원 2013.09.04 2013고단2431
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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 June 15, 2013, at around 21:00, the Defendant driven a B-type vehicle under the influence of alcohol content 0.097% of alcohol content from the front of an influent restaurant located in the coefficient Dong-si, Seocheon-si, Seoul to the front of the flow-based 118-3, Guro-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (Application of the Tramark Official Form);

1. Relevant provisions of Article 148-2 (1) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts (Selection of imprisonment in consideration of the fact that the criminal defendant has been punished several times of fines for the same kind of crime);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (including the fact that the defendant reflects his mistake and has no record of punishment not less than imprisonment without prison labor due to the same kind of crime);

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