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(영문) 춘천지방법원 2013.09.12 2013고단684
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

On October 13, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act. On November 4, 2011, the Defendant issued a summary order of KRW 3 million to the same crime in the same court. On August 22, 2012, the Defendant issued a summary order of KRW 5 million to a fine for the same crime. On May 12, 2013, 201, the Defendant re-runed the summary order of KRW 5 million to the same court on May 12, 2013, she operated a car of KRW 2 km under the influence of alcohol of KRW 0.161% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and 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 (the fact that the defendant reflects the crime in this case, and other factors such as the age, character and conduct, environment, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Taking into account the grounds for reduction of the amount of punishment and the fact that the defendant has no record of criminal punishment heavier than that of suspension of execution for

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

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