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(영문) 서울남부지방법원 2013.03.21 2013고단516
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 December 7, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Western District Court on December 7, 2007. On October 16, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act.

1. On February 2, 2013, the Defendant driven B string vehicles under the influence of alcohol with a blood alcohol concentration of 0.102% from the Korean Ambassador distance located in Seocheon-si, Seocheon-si to approximately 4 km-dong 919-3, Yangcheon-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of a ready-light vehicle B, operated the said vehicle without purchasing a mandatory automobile insurance policy at the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the report on the state of drinking practice;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of criminal records and investigation reports (reports on the same criminal records and confirmations of suspects);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each type of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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