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(영문) 서울동부지방법원 2013.08.12 2013고단1634
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 May 6, 2013, the Defendant filed an application for a summary order with the Seoul Eastern District Court for a violation of the Road Traffic Act (driving). On June 13, 2013, the Defendant filed an application for a summary order with the above court as a violation of the Road Traffic Act (driving). On July 3, 2013, the Defendant filed an application for a summary order with the Seoul Central District Court as a violation of the Road Traffic Act (driving). On July 5, 2013, the Defendant filed an application for a summary order with the Seoul Northern District Court for a violation of the Road Traffic Act (driving), etc. on at least two occasions while driving a motor vehicle under the influence of alcohol.

On June 6, 2013, at around 01:43, the Defendant, while under the influence of alcohol with 0.136% of the blood alcohol content without a driver’s license, was driving C SP car from the 173-9-ro, Gwangjin-gu, Seoul Special Metropolitan City to the front line of the 3 boxes in the 684-dong, Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the statement of the situation of a driver on driving, details of inquiries about the management of the report on the primary launch, the register of driver's licenses, and copy of a temporary driver's license

1. Previous convictions indicated in judgment: Criminal history records and investigation records investigation records inquiry, reports on results of confirmation of dispositions and investigation reports (attached to indictments, 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 (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his/her mistake in depth, the defendant is disposing of a vehicle by mistake that he/she will not drive under the influence of drinking again, and the fact that he/she has no record of criminal punishment, in addition to the case at which he/she is currently prosecuted for oral summary prosecution)

1. The order of the community service and the lecture attendance order for the reasons of not less than Article 62-2 of the Criminal Act;

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