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(영문) 춘천지방법원 영월지원 2013.04.19 2013고단7
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 20, 2006, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Young-si Branch of the Chuncheon District Court on December 2006, the Defendant was sentenced to a fine of KRW 2.0 million for a crime of violation of the Road Traffic Act (driving) at the Young-si Branch of the Chuncheon District Court on December 22, 2008, and the fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Young-si Branch of the Chuncheon District Court on February 21, 2012. On December 14, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Young-si Branch of the Chuncheon District Court on December 14, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning 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;

1. Article 62 (1) of the Criminal Act (including the fact that there is no history of criminal punishment exceeding a fine against the defendant, and the fact that the defendant disposes of his/her motor vehicle and then again engages in the act of not driving alcohol and driving without obtaining a license, etc.);

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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