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(영문) 춘천지방법원 2013.08.12 2013고단500
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 of the final judgment.

Reasons

Punishment of the crime

(1) On December 9, 2009, the Defendant received, respectively, a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on December 9, 200, by the same court on May 1, 2013 as a fine of KRW 2,00,000 for a violation of the Road Traffic Act (driving).

On May 2, 2013, at around 12:20, the Defendant driven B dump truck under the influence of alcohol content of 0.091%, from the later side of the broadcasting station of the “KBS” to the front side of the two parallel roads in Chuncheon-si, New East-si., the Defendant driven B dump truck under the influence of alcohol content of 0.091%.

As a result, the Defendant violated not less than two times even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous for judgment: Application of Acts and subordinate statutes, such as criminal records, etc., such as inquiry reports and investigation reports (a copy of a summary order of the same attached power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has no record of criminal punishment heavier than that of a fine, such as the fact that he/she has been serving three times the same kind of criminal records and has no record of criminal punishment. Such circumstances include the character, character and environment of the defendant, and the circumstances revealed in the oral proceedings of this case shall be equally

It is so decided as per Disposition for the above reasons.

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