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(영문) 서울남부지방법원 2013.11.27 2013고단3215

도로교통법위반(음주운전)등

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 July 14, 2005, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on December 28, 2006, a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on June 3, 2010, and a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on June 3, 201, and on March 24, 201, the Defendant was sentenced to a suspended sentence of 6 months for a period of 2 years for a violation of the Road Traffic Act (driving).

On March 3, 2013, at around 21:38, the Defendant driven a DNA motor vehicle with a blood alcohol content of about 0.124 percent, without a vehicle driver's license, at a distance of about 200 meters from the street in the vicinity of the Yakdong Gakdong Hospital in Yangcheon-gu Seoul to the street 939, Gyeyang-ro 939.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

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. Article 62 (1) of the Criminal Act;

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