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(영문) 서울북부지방법원 2013.11.21 2013고단2055
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 January 29, 2010, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on January 29, 201, and was notified of a summary order of KRW 2.5 million for the same crime at the Seoul Northern District Court on August 17, 2007.

On August 9, 2013, at around 23:31, the Defendant driven a car owned by the Defendant from the Do on the Sungdong-dong, Gangdong-gu, Seoul to about 3 km from the Do on the Sungdong-dong, Dongdaemun-gu, Seoul to the 464 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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

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

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

1. The punishment shall be determined in consideration of the overall circumstances, such as the fact that probation or order to attend a lecture is deeply against Article 62-2 of the Criminal Act, and there is no criminal conviction or heavier than the suspension of execution

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