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(영문) 청주지방법원 제천지원 2013.11.07 2013고단703
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 May 2, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court Support on the Cheongju District Court on May 2, 2012, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the same court on April 29, 2013.

【Criminal Facts】

At around 04:30 on September 3, 2013, the Defendant driven a B low-speed car with a blood alcohol content of 0.132% under the influence of alcohol without a car driver’s license, from around 2km to the front road of the Haak-dong Party in the same city from the front road of the Haak-dong Road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of drivers, circumstantial statements of drivers, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Inquiry reports-criminal history, application of two-yearly Acts and subordinate statutes of 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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