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(영문) 서울북부지방법원 2013.06.20 2013고단581
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 November 5, 2008, the Defendant was notified of a summary order of KRW 1.5 million by the Seoul Southern District Court for a violation of the Road Traffic Act, and on October 12, 201, the Defendant was notified of a summary order of KRW 3.5 million by the Suwon District Court for the same crime, etc.

On 03. 06. 06. 22:50 minutes of the blood alcohol level without obtaining a driver’s license, the Defendant driven B K7 car from Jongno-gu Seoul Jongno-dong Do to 464 front road in Dongdaemun-dong 464, Dongdaemun-gu, Dongdaemun-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

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

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

1. An order to attend a lecture under Article 62-2 of the Criminal Act 【Drinking the whole circumstances, such as that the nature of the crime is unsanitary or erroneous, and that there is no criminal record of a stay of execution or heavier than that of a stay of execution】

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