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(영문) 청주지방법원 제천지원 2013.05.30 2013고단192

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 October 28, 2011, the Defendant was issued a summary order of KRW 2,50,000 for the violation of the Road Traffic Act (driving in Drinking) at the Cheongju District Court Support on Cheongju District Court, on August 11, 2009, a person who was issued a summary order of KRW 7,00,000 for the same crime in the same court on August 11, 2009, and on March 9, 2013, the Defendant operated a car in B, under the influence of alcohol concentration of approximately 0.141% while under the influence of alcohol concentration of KRW 0.141% without obtaining a driver’s license at the entrance of the parking lot around the 201-dong underground parking lot around 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers, circumstantial report on drivers, and the register of drivers' licenses;

1. Previous convictions in judgment: Application of an inquiry report, an investigation report, 201 high-level 201 high-level 207, 2009 high-level 2009 high-level 1359 Acts and subordinate statutes governing summary orders;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant has led to confession and reflect, and has driven a short distance in the course of waiting for a substitute driver);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;