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(영문) 서울남부지방법원 2013.11.13 2013고단3359
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On May 28, 2013, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on May 28, 2013, and a fine of 4.5 million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver's License) in the same court on July 9, 2013.

On July 21, 2013, at around 21:23, the Defendant driven a mae-car under the influence of alcohol concentration of about 0.058% without obtaining a driver’s license from the down-line parking lot of the line at which the Gyeong-do Office of the Gyeong-gu Office of the Gyeong-gu Office of the Sinsan City to the end of the Gyeong-gu Office of the Sinsan City of the 40 kilometers.

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. Previous convictions in judgment: Application of two copies of criminal records and summary order under the Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that no criminal record exists other than the previous conviction in the market, and the blood alcohol concentration is relatively low);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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