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(영문) 춘천지방법원 영월지원 2013.10.18 2013고단408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 19, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Youngcheon District Court’s Young-gu branch on October 19, 201, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the Young-gu branch of the Chuncheon District Court on November 20, 2007.

On July 14, 2013, at around 23:00, the Defendant driven Bwork without a driver’s license in a section of about 900 meters from the front of the gymnasium to the front of the gymnasium in the gymnasium, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Seoul, to the front of the gymnasium, while under the influence of 0.224% alcohol level in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. The circumstantial report on the driving of a drinking house and the circumstantial report on the drinking driver;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (suspects' previous convictions and confirmation reports);

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. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (3) of the Criminal Act provides that the Defendant has a criminal record of a fine for driving under the influence of alcohol three times, and the Defendant again commits the instant crime in nine months only after having been issued a summary order of KRW 4 million due to driving under the influence of alcohol on October 19,

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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