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(영문) 춘천지방법원 속초지원 2013.12.06 2013고단441
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

On December 3, 2009, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Daejeon District Court on December 3, 2009, and a summary order of KRW 5 million by a fine of KRW 2.5 million by the Seocho District Court on August 28, 2013, respectively.

At around 21:25 on September 24, 2013, the Defendant, who had been punished twice or more due to drinking driving, driven a Cknife car without obtaining a driving license in the state of alcohol 0.185% at the 2km section of approximately 2km from September 24, 2013 to the roads in front of the agricultural and industrial complex in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun.

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 the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attached to two summary orders;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects the crime, the vehicle driven by the defendant is scrapped, and the same crime has no previous conviction or more than a suspended sentence for the same crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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