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(영문) 춘천지방법원 원주지원 2013.04.16 2013고단75
도로교통법위반(음주운전)
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 29, 2007, the Defendant received juvenile protective disposition from the headquarters of the Chuncheon District Prosecutors' Office due to a violation of the Road Traffic Act (driving). On January 2, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the original branch of the Chuncheon District Court.

On December 4, 2012, at around 01:00, the Defendant driven Bcoon in the state of under the influence of alcohol 0.121% from the section of about 15km to the roads near the Socuk-gu in the Socuk-gu, Chungcheongnam-do, Chungcheongnam-si, the Dock-si, in the direction of 0.121% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions: Criminal records, investigation reports, judgment, application of statutes and written opinions;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 (see, e.g., Supreme Court Decision 62 (1));

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

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