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(영문) 서울북부지방법원 2013.03.28 2013고단124

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 December 19, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on December 19, 201, and was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on July 13, 2012, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on July 19, 2012 at the Seoul Northern District Court on February 19, 2012.

On 03:30 on 03:0 on 01.03.03., the Defendant driven a vehicle with approximately 2 km-Wood-Wood-Wood-Wood-Woon-dong Seoul, Dongdaemun-gu, Dongdaemun-gu, Seoul, with a 0.16% alcohol concentration around 0.116% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The management report, the details of investigation, and each summary order;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and order to attend a lecture 【Drinking of the Criminal Act’ 【Drinking of all the circumstances, such as the fact that the offense is bad, or the fact that the offense is deeply divided, is not committed during a short period of time;