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(영문) 춘천지방법원 강릉지원 2014.04.16 2014고단41
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 22, 2006, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Gangnam Branch of the Chuncheon District Court on November 22, 2006, and a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the same court on October 25, 2012.

【Criminal Facts】

On December 29, 2013, at around 22:40, the Defendant driven a B wing truck without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.267% from the 2km section from the front of the new house located in Gangseo-si, Gangnam-si, to the road of approximately 22 km-ro, Gangseo-si, Gangseo-si, 8, to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the error of self-defense is recognized and the case is divided, and the same military force does not have any criminal record of probation or heavier);

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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