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(영문) 서울남부지방법원 2015.05.14 2015고단909
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 July 10, 2008, the Defendant was issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on July 10, 2008, and on December 30, 2008, the Seoul Western District Court has been sentenced to a fine of 10 million won or more for the crime of violating the Road Traffic Act.

On March 6, 2015, the Defendant, at around 23:58, driven B LOXG car from the Do before the Sinpo-gu, Nam-gu, Incheon, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-gu, Incheon, which had a blood alcohol content of 0.174% under the influence of alcohol to the degree of 0.174%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the same type of judgment and inquiry of evidence);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the same type of crime is not less than seven years);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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