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(영문) 춘천지방법원 원주지원 2013.06.04 2013고단221
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 August 12, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Chuncheon District Court's original state support on August 12, 2011. On August 26, 2011, the said court was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving).

On March 27, 2013, at around 17:35, the Defendant driven B Mt Motor Vehicle under the influence of alcohol concentration of 0.168% without obtaining a driver’s license from the front of a restaurant in the vicinity of the Seocho-gu, Seodong-ri, Seodong-dong Medical Complex to the road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. License register;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same summary order) and application of Acts and subordinate statutes attached thereto;

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 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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