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(영문) 서울동부지방법원 2013.05.15 2013고단820
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant issued a summary order of 2.5 million won or more for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on January 18, 201, and the same year.

3. 22. Persons who can have the same power in the same court, such as being sentenced to a summary order of a fine of seven million won or more due to a violation of the Road Traffic Act.

On April 6, 2013, the Defendant, while under the influence of alcohol 0.127% on blood alcohol level around 16:30, operated an IW car in the name of H without a driver’s license from around approximately 200 meters from the front day of the restaurant in Gangdong-gu Seoul, Gangdong-gu to the road in front of the same Gu-dong 511.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control by J;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (report on the results of confirmation before and after disposition), application of Acts and subordinate statutes to criminal investigation reports (Attachment to summary orders, 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. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has had the record of being sentenced to a fine due to the suspicion of drunk driving, as well as the record of the judgment of the defendant, and the driving of a motor vehicle without a driver's license under the influence of alcohol is revoked due to such force of drunk driving, and the driving of the motor vehicle without a driver's license under the influence of alcohol is

In such circumstances, the age, character and conduct of the defendant, and the defendant's dynasium after the divorce in 2010 are gathered.

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