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(영문) 춘천지방법원 원주지원 2013.09.10 2013고단490
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2003, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on December 8, 2003, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the same court on September 1, 2010, respectively;

1. On July 21, 2013, at around 18:30, 2013, he/she drives a C low-speed motor vehicle with a blood alcohol concentration of about 0.241% while under the influence of alcohol without obtaining a driver’s license in the section of about 100km from the front of the name-dong driving school located in Gangseo-si Hong-si Hong-si to the front of the Gangwon-do Gyeongcheon-gun National Highway to the national highways No. 6 in front of the Gangseo-gun National Highway;

2. On July 22, 2013, at around 18:50, a person driving the said high-est car with a blood alcohol concentration of 0.389% under the influence of alcohol without obtaining a driver’s license from a section of about 30km from the road 173, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, to the front side of the Hanwon-gun, Hongwon-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeong

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of each driver and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to the previous criminal records of the same kind and the summary order), and the application of Acts and subordinate statutes governing Chuncheon district court's branch court's 2003 high rankings, approximately 8547, and Gangnam branch court's Chuncheon district court's 2010

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Considerations, such as the previous conviction of the same kind, the high blood alcohol concentration, and the repetition of crimes in a short period);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness, the absence of criminal records of a suspended sentence or heavier, the age, environment, health conditions, etc. of the defendant);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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