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(영문) 서울북부지방법원 2014.04.24 2013고단1580

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 November 23, 2007, the Defendant issued a summary order of KRW 3,00,000 by a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 23, 2007, and on August 19, 2008, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving). On July 1, 2013, the Defendant driven a car in the C Sti-type under the influence of alcohol concentration of approximately 0.148% from the 1km section in Seoul Special Metropolitan City, Nowon-gu to the front line of the Seoul National Institute of Science and Technology (Seoul National Institute of Science and Technology).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the order to provide community service and attend lectures have a record of being punished for the same crime, but they are in profoundly against the confession of the crime of this case, such as intending to dispose of the instant vehicle, etc., and the fact that there is a dependent, etc. shall be determined