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(영문) 춘천지방법원 원주지원 2015.01.20 2014고단1095
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2011, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act in the Chuncheon District Court's original state support, and on November 5, 2012, the Defendant was sentenced to a fine of KRW 3 million in the same court due to a violation of the Road Traffic Act.

On October 17, 2014, at around 17:50, the Defendant driven a 49c large MAJOR motor vehicle while under the influence of alcohol with approximately 0.213% of alcohol content while under the influence of alcohol, without obtaining a motorcycle driver's license from the front road of his house in the Gangseo-gun C to the front box of the Doncheon Police Station located in the same Don-ri Port.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial report on drivers and the ledger of driver's licenses;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1));

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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