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(영문) 춘천지방법원 원주지원 2013.06.26 2013고단279
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 May 29, 2007, the Defendant was sentenced to 6 months of imprisonment and 500,000 won of fine for the violation of the Road Traffic Act in the Chuncheon District Court's original state support on May 29, 2007. On February 10, 2011, the above court issued a summary order of 1 million won of fine for the violation of the Road Traffic Act. On November 30, 201, the above court issued a summary order of 4 million won of fine for the violation of the Road Traffic Act.

On March 4, 2013, at around 01:20, the Defendant driven a BKan-kn-kick under the influence of alcohol content of 0.098% without obtaining a driver’s license in approximately 30 meters from the Guni-kin apartment located in the Guni-kin-dong, Ansan-gu, Ansan-si to the front of 422-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-gu

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, application of statutes governing judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant reflects the error and the distance from driving in a drinking state is not visible);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

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

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