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(영문) 서울남부지방법원 2014.01.28 2013고단4356
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 March 11, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at Seoul Southern District Court on March 11, 2009 and a fine of three million won for the same crime at the above court on October 16, 2007.

On October 17, 2013, at around 02:20, the Defendant driven D Lasta car in the state of alcohol alcohol content of about 0.171% from the 300-gam-dong, Yangcheon-gu, Seoul to the 1073 Gam-dong, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of drinking alcohol measurement, a report on the state of drinking drivers, and a report on the state of drinking drivers;

1. Reports and investigation reports (in the case of a suspected person A drinking alcohol measurement) and investigation reports (in the case of the investigation of the Madnmark);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of judgment, etc. related to cases);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that a person does not commit a second offense, such as disposal of vehicles, etc.);

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

1. Social service order under Article 62-2 of the Criminal Act;

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