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(영문) 서울중앙지방법원 2014.03.19 2013고단8549
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 12, 2012, the Defendant issued a summary order of a fine of five million won at the Seoul Southern District Court on July 12, 2012, and on November 12, 2013, the Defendant issued a summary order of a fine of five million won at the Seoul Southern District Prosecutors' Office for the violation of the Road Traffic Act.

On November 16, 2013, at around 23:35, the Defendant driven a CF car under the influence of alcohol concentration of approximately 200 meters from the road 450-25, Seocho-gu, Seoul, Seocho-gu, Seoul, to the road 445-2, while under the influence of alcohol concentration of about 0.178%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement on the circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal records, US records, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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