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(영문) 춘천지방법원 원주지원 2013.07.16 2013고단209
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 3, 2011, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on June 3, 201, and was prosecuted for the same crime in the same court on February 21, 2013 and received a summary order of KRW 2 million on April 26, 2013.

On February 24, 2013, at around 20:32, the Defendant driven B-purged vehicle in the state of alcohol with approximately 300 meters alcohol concentration of 0.167% from the front post office located in Pyeongtaek-dong, Suwon-si to the front road located in the 360-11th seat of the Won-si from the front road in the 300m section in the city of Won-si to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Before judgment: Criminal records, investigation reports, and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures (Consideration of the same type of crime, etc.);

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