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(영문) 서울북부지방법원 2013.11.14 2013고단2074
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

On August 7, 2008, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 7, 2008. On August 11, 2009, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court.

1. On September 1, 2013, at around 00:07, the Defendant, without a motorcycle driver’s license, driven approximately 2 km section from the front 3 roads of the Do Government-si of the Do Government-si to the front 1171-2 roads of the offset Seoul Special Metropolitan City Nowon-gu, Nowon-gu, with a blood alcohol content of about 0.114%.

2. No person is allowed to operate a vehicle that is not covered by mandatory insurance, but the Defendant operated the vehicle at the same time and place as that described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. The driver's license ledger;

1. Mandatory insurance policies;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (operation of Motor Vehicles which are not mandatory insurance);

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. The punishment as ordered shall be determined in light of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the record of driving without obtaining a license and drinking alcohol; and (c) the degree of drinking alcohol of this case; and (c) the defendant should not repeat the crime due to the use, disuse, etc. of stobane and

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