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(영문) 서울남부지방법원 2013.12.11 2013고단3840
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 August 17, 2013, at around 00:36, the Defendant driven a 3 km car under the influence of alcohol concentration of 0.150% without a vehicle driver’s license on the front side of the 1003-dong, Geumcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

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) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor, considering the fact that the defendant selected to have been punished four times as a fine due to drunk driving;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his mistake and that there is no record of punishment heavier than imprisonment without prison labor) is above the suspended sentence;

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