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(영문) 서울중앙지방법원 2014.04.25 2014고단816
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 October 26, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court. On June 1, 2009, the Defendant issued a summary order of KRW 1.5 million for the same crime. On September 30, 2010, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for a violation of the Road Traffic Act.

At around 16:40 on January 19, 2014, the Defendant driven a B-hand car at a section of about 200 meters from the front of the convenience store, up to the road located in 5 GaS (GS) in front of the same Eup in the front of the 200-meter radius, due to the increase of 0.137% of the blood alcohol content in 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Criminal records: Inquiries and inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable mutatis mutandis to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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