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(영문) 서울남부지방법원 2013.12.27 2013고단3980
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 October 21, 2008, the defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 21, 2008, and on December 12, 2008, the Seoul Southern District Court issued a summary order of 5 million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) at the Seoul Southern District Court on more than two occasions.

On October 16, 2013, at around 23:50, the Defendant driven a second low-speed car with alcohol content of 0.172% at a section of about 100 meters from the front of the 409 main apartment complex from the 409 main apartment complex to the front of the same 403 main apartment complex, such as Gangseo-gu Seoul Metropolitan City, Gangseo-gu 690.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of measurement of drinking alcohol;

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

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., place and distance of driving, circumstances leading to driving under the influence of alcohol, etc.);

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

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