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(영문) 서울북부지방법원 2013.09.05 2013고단1391
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 April 23, 2008, the Defendant received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act at the Seoul Northern District Court on April 23, 2008, and a summary order of a fine of four million won or more due to a violation of the Road Traffic Act at the same court on July 4, 2012.

around 22:34 June 10, 2013, while under the influence of alcohol content of 0.182% without a driver's license, the Defendant driven B-II cargo vehicles from the parking lot of the Gangseo-gu Seoul Northern apartment complex 3rd Dong, Seoul to Hancheon-ro 897.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of statutes to inquiries about criminal records, etc.;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account the number of times and time, distance, the degree of drinking, the fact that the defendant was punished for drunk driving, and the fact that he was not a license for the reason of sentencing under Article 62-2 of the Criminal Act;

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