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(영문) 서울중앙지방법원 2013.06.26 2012고단5320
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On June 9, 2012, around 05:18, the Defendant driven B 00 meters of alcohol content at approximately 800 meters, while under the influence of alcohol of 0.084% of blood alcohol content, from the Yongsan-gu Seoul Metropolitan Government to the Southern-ro, Jung-gu, Seoul, Seoul, without a motor device driver’s license.

2. On June 9, 2012, at around 05:18, the Defendant, at the front of the building in front of the said building, entered “C” as the owner of the said Obaba, in order to arbitrarily exercise the driver’s report on the circumstantial statement presented by the C, for the purpose of driving under influence, as set forth in paragraph (1) in front of the said building, and used the report on the circumstantial statement of the C, and presented it to the said police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (or without a license) and the punishment provided for in the crimes of violation of the Road Traffic Act, of which the punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant has no record of criminal punishment, and that all of the crimes of this case are recognized and reflected, etc.);

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