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(영문) 춘천지방법원 속초지원 2013.08.28 2013고단153

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

[2013 Highest 153] The Defendant was issued a summary order of a fine of KRW 700,000 on October 29, 2007 with the record of being sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Seocho District Court's Seocho Branch on October 29, 2007 and a fine of KRW 1.5 million in the same court on October 7, 200

On April 9, 2013, the Defendant: (a) violated Article 44(1) of the Road Traffic Act more than twice, and (b) driven C Poter cargo at a level of about 500 meters alcohol concentration at approximately 0.151% on the same day from the front day of the Egyna restaurant located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the front day of the new industry located in the same area.

[2013No. 226] The Defendant, without obtaining a driver’s license, driven a C wing-in truck in the section of about 5 km from the 15:55 on June 6, 2013 to the 16:05 on the same day, from the 5km-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses (nine pages of investigation records referred to in 2013-type 2561);

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report, investigation report, and application of Acts and subordinate statutes of three copies of summary orders;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the choice of penalty for a crime, or the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant acknowledges and reflects the crime, and that the defendant has no criminal record of suspended execution or more);

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;