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(영문) 서울남부지방법원 2014.06.20 2014고단1156
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 July 29, 2011, the Defendant was issued a summary order of 2.5 million won at the Seoul Southern District Court for a fine of 5 million won for a violation of the Road Traffic Act. On March 6, 2007, the Seoul Central District Court issued a summary order of 2.5 million won for the same crime.

On March 23, 2014, the Defendant was under the influence of 0.248% of blood alcohol concentration around 15:20, without obtaining a driver’s license. From the front of the farm, livestock farming families located in Geumcheon-gu Seoul Metropolitan Government 828-29, the Defendant driven the Eystrento at a level of 400 meters from the front of the farm, livestock farming families located in Geumcheon-gu Seoul Metropolitan Government 828-29 to the front of the dry oil located in Geumcheon

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same criminal records and the same criminal records);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that it is white and reflective, that the distance from driving is relatively short, and that it does not reach a traffic accident);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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