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(영문) 서울남부지방법원 2013.09.03 2013고단2113
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 March 13, 2007, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act in the Busan District Court on March 13, 2007, and was sentenced to a fine of five million won for the same crime in the Busan District Court's Dong Branch on June 9, 2008 and was sentenced to a fine of five million won for the same crime.

On June 27, 2013, the Defendant, while under the influence of alcohol of 0.078% of blood alcohol concentration, driven a car with approximately 40 meters distance from the main point where it is impossible to identify the trade name located in the Daelim-dong in Yeongdeungpo-gu Seoul Metropolitan Government to the vicinity of the Daelim-dong, Yeongdeungpo-gu, Seoul Metropolitan Government 77 Daelim-dong.

Ultimately, the Defendant, who violated the prohibition clause under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

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

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of driving, distance of driving, etc.);

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

1. Social service order under Article 62-2 of the Criminal Act;

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