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(영문) 서울서부지방법원 2014.07.08 2014고단1125
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 September 27, 2011, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court on September 27, 201, and a fine of two million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on June 1, 2012.

On April 20, 2014, at around 03:59, the Defendant driven B Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that the defendant, who has been punished twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, was also punished by imprisonment with prison labor for the defendant. However, considering the fact that the defendant's mistake is recognized, is against his/her own mistake, there is no previous conviction exceeding the fine, the fact that the driving of this case does not cause traffic accidents due to the driving of this case, the punishment as ordered shall be determined by taking into consideration the circumstances that form conditions for sentencing, such as the character, conduct

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