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(영문) 춘천지방법원 원주지원 2013.11.05 2013고단620
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

On November 13, 2006, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on November 13, 2006. On January 25, 2007, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). On July 1, 201, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

At around 19:00 on September 26, 2013, the Defendant driven C Poter truck under the influence of alcohol content of about 0.189% without obtaining a driver’s license from the section of approximately 1.5 km from the upper half to the national highways of approximately 1.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving on a motor vehicle and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports attached to the previous records and summary order) and application of the 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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations through scrapping, etc. of automobiles and family environment, etc. of the accused);

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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