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(영문) 서울서부지방법원 2014.10.23 2014고단1993
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 July 6, 2006, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Seoul Southern District Court on July 6, 2006. On November 14, 2008, the Defendant was sentenced to a fine of one million won for the same crime at the Suwon District Court on November 14, 2008. On June 18:20, 2014, the Defendant again driven a Category Hastst Motor Vehicle under the influence of 0.210% of the blood alcohol concentration at the 3km section of the Yongsan-gu Seoul Central District Court on June 11, 2014 to the 306 night-gu in Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of, and investigation into, a host driver (application of the Radmark formula);

1. Application of statutes concerning criminal records;

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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