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(영문) 청주지방법원 제천지원 2013.10.17 2013고단663
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

[criminal power] On April 14, 2009, the Defendant was notified of a summary order of KRW 1 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on April 14, 2009, and on January 24, 201, the Defendant was notified of a summary order of KRW 3 million for the same crime in the same court.

【Criminal Facts】

On July 29, 2013, at around 02:30, the Defendant driven a B SP car at approximately 2km from the front of a cafeteria located in the Cheongcheon-si, Cheongcheon-si, Cheongcheon-si to the front day of 03:00 on the same day, with a blood alcohol concentration of about 0.123%, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers, circumstantial report on drivers, and the register of drivers' licenses;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

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