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(영문) 춘천지방법원 속초지원 2013.09.11 2013고단183

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

On August 1, 2008, the Defendant received a summary order of KRW 2 million for each of the offenses of violation of the Road Traffic Act (driving) from the Seocho District Court's territorial branch on August 1, 2008, and from the same support on June 23, 2010 as the offense of violation of the Road Traffic Act (driving).

On May 16, 2013, at around 08:25, the Defendant driven the said car under the influence of alcohol of about 9 0.162% of alcohol content from around the 08:40 on the same day to the roads of the Crest Day Training Institute located in Suyangyang-gun, Suyangyang-gun, the Republic of Korea, at around 08:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report (A), investigation report (Attachment of summary order, such as driving, etc.), and application of Acts and subordinate statutes attached to two summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the accused acknowledges and reflects the crime, and that the accused has no criminal record other than the fine on two occasions);

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

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