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(영문) 춘천지방법원 영월지원 2014.04.11 2014고단34
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 June 12, 2009, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On October 20, 2010, a summary order of KRW 6 million due to a crime of violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch, and on November 23, 201, a summary order of KRW 4 million was issued from the Incheon District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving).

At around 18:30 on December 5, 2013, the Defendant, while under the influence of alcohol, driven a coo vehicle B while under the influence of alcohol without obtaining a driver's license at a section of approximately 300 meters from the front side of a restaurant in the mutual influence of the Gangseo-gun, Gangwon-do, to the front side of the same fluort landing point, and driving a coo vehicle under the influence of alcohol with approximately 0.170% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking control;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements and criminal investigation reports-related 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and lecture attendance order are that the defendant has been already punished several times due to the violation of the Road Traffic Act, and all kinds of sentencing conditions stipulated in Article 51 of the Criminal Act, which can be known through the records and arguments such as age, happiness, family environment after committing the crime of violating the Road Traffic

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