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(영문) 서울중앙지방법원 2013.12.06 2013고단4097
상해등
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

"2013 Highest 4097"

1. On June 16, 2013, at around 22:30, the Defendant driven C-T 100 Oral Baba (97C) under the influence of alcohol leveling of 0.150% without obtaining a motorcycle driver’s license from around the convenience store in the Shindong-dong, Jung-gu, Seoul to around 386-20, Jung-gu, Seoul.

The Defendant, on March 16, 2011, was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act by the Seoul Central District Court on March 16, 2011.

【Criminal Facts】

2. On August 26, 2013, at around 21:28, the Defendant driven C City 100 Oral Ba (97cc) under the influence of alcohol content 0.171% under the influence of alcohol without obtaining a motorcycle driver’s license from around the convenience store in which trade name cannot be known after he/she finds it difficult for the Defendant to view the lower part of the lower part of the 292-62, Jung-gu, Seoul, Seoul to the lower part of the lower part of the lower part of the 150-meter road.

Summary of Evidence

"2013 Highest 4097"

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. "Register of driver's licenses": 2013 Highest 6137;

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: References to criminal records, two copies of inquiry into the results of the control of drinking driving and reporting on the results of confirmation of the previous disposition, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under paragraph (1) at the time of the market), subparagraph 2 of Article 154, Article 43 of the Road Traffic Act (the point of driving without permission), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under paragraph (2) at the time of the market);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Sentencing Article 62-2 of the Criminal Act.

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