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(영문) 춘천지방법원 원주지원 2013.06.18 2013고단250
도로교통법위반(음주운전)
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

On November 14, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the original branch of the Chuncheon District Court, and on July 28, 2010, the above court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On May 15, 2013, at around 06:30, the Defendant driven a B-purd vehicle with blood alcohol concentration of approximately 0.101% in the section of about 4 km from the roads near the Seoul Sea State, which is located in the original city of nuclear power, to the roads near the short-term city of nuclear power in the original city of nuclear power.

Accordingly, even though the defendant had been punished more than twice due to the violation of the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of written judgments), and application of a copy of summary order Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1));

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

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