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(영문) 서울서부지방법원 2014.01.28 2013고단3298
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

On August 7, 2010, the summary order of a fine of KRW 3 million has been finalized by the Seoul Central District Court on August 7, 2010, and on May 2, 2013, a summary order of KRW 4 million has become final and conclusive by the Seoul Central District Court on May 2, 2013.

Criminal facts

On October 8, 2013, the Defendant, without obtaining a driver’s license, driven a c gomb car in the section of about 3km from the roads near the Leewon-dong, Yongsan-gu, Seoul to the roads around 36-14, Yongsan-gu, Seoul, the comba car, while drunking about 0.159% of alcohol content around 23:50.

Summary of Evidence

1. Defendant's legal statement;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation 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 criminal facts, and choice of imprisonment with prison labor;

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

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