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(영문) 서울중앙지방법원 2013.11.08 2012고단7214
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 12, 2007, the Defendant was sentenced to a suspended sentence of one year at the Busan District Court for a crime of violation of the Road Traffic Act. On September 6, 201, the Defendant was issued a summary order of KRW 5 million at the Busan District Court for a crime of violation of the Road Traffic Act.

On December 4, 2012, the Defendant, without obtaining a driver’s license at around 16:40 on December 4, 2012, while under the influence of alcohol at least 0.395% of alcohol content, driven B salary-free vehicles from approximately 50 meters from the front of the Sigpo-dong, Gangnam-gu, Seoul to the front of the 568-dong, Seopopo-dong.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, and statement of the results of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous records: Application of the Acts and subordinate statutes that record inquiry reports, such as criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant has led to an investigative agency, was limited to driving without

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