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(영문) 춘천지방법원 속초지원 2013.09.25 2013고단158

도로교통법위반(음주운전)등

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 January 13, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court. On October 26, 2011, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seocho Branch of the Chuncheon District Court.

At around 20:25 on April 3, 2013, the Defendant, without obtaining a driver’s license, driven a B Eccoo vehicle under the influence of alcohol content of approximately 0.101% from a 300-meter section of alcohol alcohol level to the roads in front of the Mancheon Gas Station located in the same Dong around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report (A), investigation report (Attachment to a summary order for sound driving), and application of Acts and subordinate statutes of three copies of the summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant recognized the crime and reflects the crime, the blood alcohol concentration is not high, the driving distance is relatively short, and the defendant has no criminal record of probation or heavier, etc.);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;