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(영문) 서울중앙지방법원 2013.12.13 2013고단6716
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

[criminal power] On December 2, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Seoul Central District Court on December 2, 2008. On October 30, 2009, the Defendant was issued a summary order of 2 million won of a fine for the same crime from the Sungnam Branch of Suwon District Court as the same crime.

【Criminal Facts】

On September 12, 2013, at around 00:42, the Defendant driven a Bteteme car under the influence of alcohol content of 0.139% without obtaining a driver’s license from around 1.5 km section from the front of the restaurant in which the name located in the Station of Gangnam-gu Seoul Metropolitan Government is unknown to the road in front of the same 654 km-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records of a suspect), and application of each summary order-related Act and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even though he/she had a record of criminal punishment of fines twice due to drunk driving; and (b) the Defendant’s blood alcohol concentration relatively high; (c) however, the Defendant was at the time of committing the instant crime and his/her mistake is deeply divided; (d) the Defendant has no criminal record except the above punishment power; and (e) the Defendant has no criminal record, and other sentencing conditions indicated in the records, such as the Defendant’s age, character, character, environment, family

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