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(영문) 서울서부지방법원 2013.07.25 2013고단493
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on June 20, 2012, driven a motor vehicle under the influence of alcohol of 0.052% with a blood alcohol concentration of 0.052% on June 20, 2012, and operated a motor vehicle under the influence of alcohol of 0.083% on November 13, 2012.

On February 20, 2013, at around 22:00, the Defendant driven the C Freight 1 km from the area near the search station of Eunpyeong-gu Seoul Metropolitan Government to the 339-2nd way of the same Shin-dong, the search station located in the search operation of Eunpyeong-gu to the 0.073% alcohol concentration without a driver’s license.

On July 3, 2013, the Defendant, at around 22:40 on July 3, 2013, 2013, driven a DNA cargo vehicle up to 323 km-dong, Seongdong-gu, Seoul Special Metropolitan City Search-dong 318-7.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The register of driver's licenses;

1. Each inquiry report, the results of confirmation before disposition, and the application of the Acts and subordinate statutes for report on investigation;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (including the fact that there is no serious criminal record);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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