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(영문) 춘천지방법원 속초지원 2013.12.18 2013고단483

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 1, 2007, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the port branch of the Daegu District Court on November 1, 2007, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on August 22, 201, respectively.

At around 22:05 on October 22, 2013, the Defendant, who had been punished twice or more due to drinking driving, driven a Brane vehicle under the influence of alcohol with approximately KRW 500m alcohol concentration of 0.134% from the day before the restaurant in the name of “Mapo-dong,” “Mapo-dong, Mapo-dong,” “Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, 22:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of Part IV of the summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects the crime, the fact that the defendant is limited to a simple driving and does not cause a traffic accident);

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;