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(영문) 서울북부지방법원 2013.09.05 2013고단1335
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

On November 4, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million by a Seoul Eastern District Court due to a violation of the Road Traffic Act (driving). On July 5, 2012, the Defendant was sentenced to a fine of KRW 5 million by the Seoul East Eastern District Court.

On June 1, 2013, at around 23:25, the Defendant, at around 23:35 on the same day, driven a motor vehicle of Category C with blood alcohol content 0.091% under the influence of alcohol content 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the place of notification on the control of drinking driving, and the place of digital signature confirmation;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

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 punishment as ordered shall be determined by comprehensively taking into account the number of times and time, distance, the degree of drinking, the fact that the defendant was punished for drunk driving, and the fact that he was not a license for the reason of sentencing under Article 62-2 of the Criminal Act;

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