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(영문) 춘천지방법원 2013.10.24 2013고단722
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 August 22, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1,500,000 due to a violation of the Road Traffic Act, etc. by the Chuncheon District Court. On August 12, 2010, the Defendant was issued a summary order of KRW 1,50,000 with the same court as a crime of violating the Road Traffic Act.

On August 10, 2013, the Defendant, without obtaining a driver's license on August 22, 2013, driven a bknife vehicle within a two-meter radius from the front side of the New North Korean Agricultural Cooperative located in the Sincheon-si Seoul Metropolitan Government 0.176 percent of blood alcohol concentration, to the upper distance in the Dong-si scholarship in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Inquiry into driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the fact that the defendant reflects the crime in this case, and other factors such as the age, character and conduct, environment, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Taking into account the grounds for reduction of the amount of punishment and the fact that the defendant has no record of criminal punishment heavier than that of suspension of execution for

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

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