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(영문) 서울서부지방법원 2013.10.29 2013고단2059
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

[criminal power] On May 4, 2012, the Defendant issued a summary order of 1.5 million won or more for a violation of the Road Traffic Act at the Seoul Central District Court on the 15th day of the same month, and such summary order became final and conclusive on the 15th day of the same month. On June 27, 2013, the Seoul Western District Court issued a summary order of 4 million won or more as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 23, 2013, at around 22:20, the Defendant was under the influence of alcohol with 0.103% of blood alcohol level 0.103%, and was driving the Dratfing car at the front of the Eunpyeong-gu Seoul Jin-dong 20 C&U convenience.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and circumstantial statement of an employer, of an employer;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant committed the crime in this case and reflects his depth about the mistake, the distance of driving is shorter than the distance, the age, family relationship, previous offense, etc. of the defendant);

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