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(영문) 서울남부지방법원 2012.12.27 2012고합817
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 29, 2009, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Central District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2.5 million by the same court on October 22, 2010.

On October 3, 2012, at around 22:52, the Defendant, while under the influence of alcohol with 0.087% of alcohol concentration in blood, driven Cbera cruise car within a section 1 kilometer from the roads located in the Bluedong, Yangcheon-gu, Seoul to the roads located within the 639-dong, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order attached) related to criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has no previous conviction or heavier punishment and is against his/her gender);

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