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(영문) 서울서부지방법원 2015.02.03 2014고단3168
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant was issued a summary order of KRW 2 million by a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on July 17, 2013, KRW 5 million due to a violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on July 27, 2012, and KRW 2 million by the same court on August 19, 2010, respectively.

On November 8, 2014, around 03:04, the Defendant driven the DK-5 vehicle volume under the influence of alcohol with approximately approximately KRW 7 km section from the French branch of Mapo-gu Seoul (hereinafter referred to as the “Seoul Mapo-gu”) to the Gangnam-dong 782, Yongsan-gu, Seoul, while under the influence of alcohol with approximately 0.145% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of the same type of electric records) Acts and subordinate statutes;

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 consideration given to the circumstances in which Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the penance of offenses and the absence of any past record of punishment exceeding the fine due to the same kind of offense);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

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