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(영문) 춘천지방법원 강릉지원 2013.04.04 2013고단31
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 2, 2009, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on June 5, 2009, and the order was finalized on June 5, 2009. On July 22, 2009, the above court issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act and issued a summary order of KRW 700,000 as a fine and the order became final and conclusive on September 1, 2009,

【Criminal Facts】

On December 13, 2012, the Defendant was under the influence of 00:50 percent of blood alcohol concentration without obtaining a driver’s license on December 13, 2012, and the Defendant driven a Cioio car within a 1 kilometer of approximately one km from the front of the Yeung-si’s “Polol” house located in the Geung-si from the front of the Yung-si to the soup road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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. Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no criminal conviction or heavier punishment than a suspended sentence of imprisonment, and that there is no serious reflective punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. It is decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act regarding orders to attend lectures and community service orders;

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