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(영문) 춘천지방법원 영월지원 2013.06.04 2013고단121
도로교통법위반(음주운전)
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 29, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and on July 21, 2008, with a penalty of KRW 4 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Young Branch of the Chuncheon District Court.

At around 20:00 on March 18, 2013, the Defendant driven B K5 car under the influence of alcohol with approximately 14km alcohol concentration of 0.113% at a section of about 14km from the street in front of the Han-ri, Han-ri, Han-ri, Jin-ri, Jin-ri, the lower court located in the same military, to the Sung-ri, Jin-ri, the Jin-ri, the lower court.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to the same summary order) including criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include two times as stated in the first head of the crime in the judgment of the defendant, in addition to the punishment for violation of the Road Traffic Act on November 13, 2008, a fine of 1.5 million won was issued for the crime of violation of the Road Traffic Act (unlicensed Driving), and the defendant's liability for the crime of this case is not less than that of the defendant, but not less than that of the suspension of execution, considering the fact that the defendant did not have any criminal record of the suspension of execution, that the defendant reflects his mistake, that the defendant must support his mother with disability of brain disease, and that the defendant should support the defendant's age.

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