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(영문) 서울남부지방법원 2014.01.15 2013고단4304
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 January 10, 2007, the Defendant received a summary order of KRW 3 million from the Seoul Southern District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license), a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license) in the same court on January 10, 2008, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving without a license), from the Incheon District Court’s Branch Branch on May 31, 2012.

On July 4, 2013, at around 07:25, the Defendant driven B CCB car in the state of alcohol alcohol concentration of 0.134%, without a car driver’s license, from around 3km to the 3km road in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 201; 201Do1148, Feb. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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