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(영문) 서울서부지방법원 2014.07.03 2014고단1047
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 September 13, 2010, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court (hereinafter “Seoul Western District Court”) and a fine of seven hundred thousand won due to a violation of the Road Traffic Act at the Seoul Southern District Court on October 7, 2008, respectively. On April 5, 2014, the Defendant once again drives a Cren car while under the influence of 0.143% of the blood alcohol concentration on the front of a restaurant located in the Seocheon-dong, Seodaemun-gu, Seoul Metropolitan Government on the roads of the Samcheon-dong, Seocheon-gu, Seoul at around April 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the reflection of the fact and the fact that there is no criminal record exceeding the fine);

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

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