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(영문) 서울남부지방법원 2013.09.05 2013고단2432
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 October 16, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s Branch Branch on October 16, 2012, a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 16, 2012, and a fine of seven million won for the same crime at the same court on May 21, 2013.

On April 20, 2013, the Defendant was driving B car owned by the Defendant without obtaining a driver’s license on April 20, 2013, from the parking lot in the Yangcheon-gu Seoul Metropolitan Government 924 KT Building to the front way of the 919-3 Transport Center under the influence of alcohol content of 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, notification on the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses, driving licenses and driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (referring to the fact that the person has been punished three times due to drinking driving, etc. recently);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the absence of any record of punishment exceeding a fine, and the distance of driving, etc.);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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