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(영문) 서울남부지방법원 2013.11.07 2012고합395
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:30 on June 2, 2012, the Defendant driven a Cgp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

around 21:10 on August 4, 2013, the Defendant, without a car driver’s license, driven a car under the influence of alcohol with approximately 200 meters alcohol concentration of approximately 0.089% from the section of 200 meters to the front road of the Sindo Mando Mando, Seoyang-do, Namyang-si, the Namyang-do, the Republic of Korea, the Republic of Korea, at around 21:10, drive the car under the influence of alcohol concentration of approximately 0.089%.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A traffic accident report, a traffic accident report, a report on the occurrence of each traffic accident, a report on the actual state of the driver concerned, a report on the actions against the driver concerned, and a report on the confirmation of the occurrence of the case;

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), report on the results of dispositions, unclaimed cases and verification, investigation report (written indictment for the same kind of power of a suspect, report on attachment of summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Punishment provided for in Articles 40 and 50 of each Criminal Act for an ordinary competition (the punishment provided for in Articles 40 and 50 for a violation of each Road Traffic Act and each Road Traffic Act and for a violation of each Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act (Aggravated Punishment on August 4, 2013), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The consideration of the facts favorable to the defendant among the reasons for the suspended sentence);

1. The Criminal Act, Article 62-2, and the Act on Probation, etc.;

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