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(영문) 서울중앙지방법원 2014.06.27 2014고단3022
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for seven 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 18, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 2.5 million as a fine for the same crime from the Seoul Eastern District Court on December 30, 201, and a summary order of KRW 5 million as a fine for the same crime in the same court on February 10, 201, respectively.

On April 18, 2014, at around 00:01, the Defendant driven a car with C in the state of alcohol of about 200 meters from a 200-meter section of blood alcohol content to a neighboring road of the Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Previous convictions in judgment: The application of inquiry reports and investigation reporting Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a sentence of imprisonment with prison labor (three times the criminal records of the same kind);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14548

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (i.e., the social ties are clear in the above circumstances, and the ownership of a vehicle is sold and its depth is against it) or more;

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