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(영문) 춘천지방법원 속초지원 2013.10.11 2013고단241
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 October 12, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch Branch of the Chuncheon District Court, and on August 17, 2011, the summary order of KRW 1,50,000 was issued as a crime of violation of the Road Traffic Act (driving) at the Seocho Branch Branch of the Chuncheon District Court.

On June 7, 2013, the Defendant driven a BM car under the influence of alcohol content of 0.128% from a 500-meter distance to the front road of the “day-to-day wedding” located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun on the same day at around 22:36 on June 7, 2013, even though the Defendant had been punished for drinking twice or more, and around 22:36 on the same day, the Defendant driven a BM car under the influence of alcohol content of 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry inquiry reports (A) and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the accused acknowledges and reflects the crime, the driving distance is relatively short, and the accused does not have any criminal record heavier than a suspended sentence);

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

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

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