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(영문) 서울남부지방법원 2013.11.11 2013고단3452

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Seoul Central District Court on March 19, 2013, and the same court was sentenced to a fine of five million won for the same crime on June 24, 2013.

On October 9, 2013, the Defendant, without obtaining a driver’s license at around 04:07, driving a blicker car with approximately 500 meters of alcohol from the alleyway of the modified apartment in Yeongdeungpo-gu Seoul Metropolitan Government, to the above modified apartment distance, while under the influence of alcohol by 0.170%.

In the end, the Defendant, without obtaining a driver’s license as above, driven a car under the influence of alcohol, even though he violated the regulations on prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his mistake and that there is no record of punishment heavier than imprisonment without prison labor) is above the suspended sentence;