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(영문) 서울동부지방법원 2013.04.10 2013고단354
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

【Criminal Power】 On June 28, 2010, the Defendant was issued a summary order of KRW 2 million by the Seoul Northern District Court for a violation of the Road Traffic Act, and a summary order of KRW 4 million by a fine at the Seoul Central District Court on June 28, 2012.

【Criminal Facts of Crimes】 On February 15, 2013, the Defendant driven a clater’s vehicle under the influence of alcohol content of 0.122% without obtaining a driver’s license from the section of about 1km from the front side of the Seongdong-gu Seoul Seongdong-gu Seoul, to the 60-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence, report on the circumstances of a drinking driver, output of a drinking measuring instrument, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment), including criminal records, etc.;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (In consideration of the fact that the defendant repents his wrong and the measured values of drinking alcohol are not high);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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