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(영문) 서울서부지방법원 2013.10.31 2013고단2381

도로교통법위반(음주운전)등

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 June 24, 2012, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on June 24, 2012, and three million won due to the same crime at the Seoul Central District Court on March 26, 2013, and five times the punishment power for drunk driving is imposed.

On August 27, 2013, at around 00:50, the Defendant driven B 5 automobiles under the influence of alcohol with a blood alcohol concentration of 0.076% without obtaining a vehicle driving license from around 3km to around 809, Yongsan-gu, Seoul, Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect);

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

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