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(영문) 의정부지방법원 2013.11.20 2013고단3382
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than three 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

1. On May 15, 2007, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) at a district court of the Jung-gu District on the same day. On February 11, 2011, the Seoul Eastern District Court received a summary order of five million won for a violation of the Road Traffic Act (driving). On October 2, 201, the Defendant was sentenced to a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul East East East District Court, and on October 2, 2013, the Defendant was sentenced to a suspended sentence of six months.

On July 10, 2013, around 23:52, 2013, the Defendant driven B Costaex vehicle under the influence of alcohol concentration of 0.096% at a section of approximately 300 meters from the front of the Dongdaemun-gu Seoul Metropolitan Government Madern Madung to the 466th day of the same 466th day.

2. On July 10, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said Lone Star vehicle that was not covered by mandatory insurance on the road 466 front of Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Mandatory insurance policy;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (former records and report on results of confirmation), and application of three copies of written judgments;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (not less than three times of drinking driving), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and each choice of imprisonment with prison labor;

1. latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;

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