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(영문) 춘천지방법원 원주지원 2013.10.29 2013고단580
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 March 3, 200, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on March 3, 200, the summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the original state branch of the Chuncheon District Court on August 20, 200, the summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the original state branch of the Chuncheon District Court on February 28, 2006, the summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving on January 7, 2008), at the Sungnam branch of the Suwon District Court on December 10, 201, respectively.

On August 1, 2013, at around 22:25, the Defendant driven C rocketing car with a blood alcohol concentration of 0.194% under the influence of alcohol without obtaining a driver's license in front of the dwelling of the Defendant located in Haju-si B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The tea ledger and the license ledger;

1. Previous convictions indicated in judgment: Application of the criminal records, investigation reports (reports attached to the same criminal records and summary order), and copies of the summary order five copies thereof;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

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

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;

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