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(영문) 춘천지방법원 강릉지원 2013.04.04 2013고단13

도로교통법위반(음주운전)

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

[criminal power] On February 15, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Jung-gu District Court on February 15, 2008, and a summary order of KRW 2 million for the same crime at the Gangnam Branch of the Chuncheon District Court on June 25, 2010.

【Criminal Facts】

On January 6, 2013, at around 21:55, the Defendant driven a CPoter-II truck under the influence of alcohol content of approximately 0.093% at a distance of about 2 km from the front of the “gambling frequency” set forth in the order book of Gangseo-gu Seoul Metropolitan Government, and around 22:05 on the same day, to the front road of the sewage terminal treatment plant located in Gangseo-si, Gangseo-si, Jung-si, the Defendant driven a Cpoter-II truck.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the statement on the state of drinking drivers;

1. Previous offense: Application of Acts and subordinate statutes of a criminal investigation report (Attachment of a copy of summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Discretionary mitigation (i.e., the fact that the defendant is against his/her gender and the circumstances in which the defendant was driving) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the grounds for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;