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(영문) 청주지방법원 제천지원 2013.12.05 2013고단767
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 26, 2006, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court’s Incheon Branch on October 26, 2006, and a fine of KRW 5,00,000 as a crime of violation of the Road Traffic Act (driving)

【Criminal Facts】

On September 26, 2013, around 03:00, the Defendant driven B Poter truck with the alcohol concentration of 0.113% under the influence of alcohol without a driver’s license, from around 3km section of approximately 0.113 meters, from the front of the Haju Apartment apartment complex 4m in Seocheon-dong, Seocheon-si to the front of the 3km-dong Soviet apartment complex.

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: Inquiry reports-criminal history, investigation reports (Attachment of summary order) and application of Acts and subordinate statutes governing summary order;

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. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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