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(영문) 춘천지방법원 영월지원 2013.04.16 2013고단33

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of confirmation of the above judgment.

Reasons

Punishment of the crime

On January 26, 2007, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court on January 26, 2007, and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the same court on December 30, 201. On December 27, 2012, the Defendant driven a B-type truck under the influence of alcohol concentration of approximately 0.15% without obtaining a driver’s license in the section of approximately 1 km from the front day of the Hanwon-gun-gun, Seowon-gun, Gangwon-gun, Gangwon-gun, to the front day of the Dobong Mando Urban Standby Industry, and driving a B-type truck under the influence of alcohol concentration of about 0.115% without obtaining a driver’s license in the section of blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;