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(영문) 춘천지방법원 강릉지원 2014.06.27 2014고단379
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 January 3, 2007, the Defendant was sentenced to a fine of KRW 3 million for the crime of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on January 3, 2007, and was sentenced to a fine of KRW 4 million for the same crime in the same court on March 5, 2007, and was sentenced to a fine of KRW 4 million for the same crime on February 10, 2010 by the same court on February 10, 201, and violated the Road Traffic Act (driving) on two or more occasions.

On April 21, 2014, at around 21:30, the Defendant driven B rocketing car with the blood alcohol concentration of about 0.092% without a vehicle driver’s license from the road front of the Gangseo-si, which is located in the Gangnam-si, to the road front of the Manung-si in the same Dong from around 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiry reports, investigation reports (same type of judgment and attachment of summary order) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the same reason as the above);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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