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(영문) 춘천지방법원 영월지원 2013.10.25 2013고단412
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 November 23, 2012, the Defendant received a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Youngcheon District Court’s Young-gu branch on November 23, 2012, and a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Young-gu branch of the Chuncheon District Court on December 31, 2010.

On August 2, 2013, at around 21:52, the Defendant driven a Bmasaw car with a alcohol level of about 0.113% while under the influence of alcohol level of about 9 kilometers from the front of the Nakdongwon cafeteria, which is located in the lower west of Samwon-gun, Gangwon-gu, Gangwon-do, to the front road of the Gowonwon-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Report on the results of crackdown on drinking driving and the status of driving under drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, and other criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (3) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act) applies to the defendant for a criminal offense of this case three times, and the defendant committed the crime of this case only nine months after having been issued a summary order of KRW 3.5 million

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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