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(영문) 서울남부지방법원 2014.09.03 2013고단4310
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 June 27, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on June 27, 2013, and was sentenced to a fine of two million won by the same court on July 2, 2013.

On November 17, 2013, the Defendant, without obtaining a license for a motorcycle on November 17, 2013, driven C Otoba in a 200-meter section from the road located in the additional road of Geumcheon-gu Seoul Metropolitan Government to the road of about 124 oba-dong, Geumcheon-gu, Seoul, while under the influence of alcohol content of 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to a report on crimes and investigation records of foreigners, inquiry into data about records of crimes, advance disposition and confirmation results;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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