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(영문) 춘천지방법원 원주지원 2013.08.20 2013고단334
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Seocho Branch of the Chuncheon District Court for a crime of violation of the Road Traffic Act, and on March 17, 201, issued a summary order of two million won of a fine for the same crime from the Ansan Branch of the Suwon District Court for the same crime;

1. On June 7, 2013: (a) around 03:12, in the state of under the influence of alcohol by 0.199% from the section of approximately 3km alcohol content from the street in front of a restaurant in the central Dong of Won-si to the street in front of the same Tae-dong in the same city of Tae-dong; (b) drive a motor vehicle;

2. Around 01:00 on June 22, 2013, a vehicle was driven under the influence of alcohol of 0.240% of the blood alcohol concentration on the road at a op range of about 100 meters in front of the convenience store at a op range of 100 meters in the Snuri-Eup Sndong-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver;

1. Previous records of judgment: Criminal records, investigation reports (reports before the same criminal records and attachment of the judgment), and application of Acts and subordinate statutes accompanying documents;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Considerations, such as the previous conviction of the same kind, the high blood alcohol concentration, and the repetition of crimes in a short period);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including reflectivity, age, environment, etc. of the defendant);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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