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(영문) 춘천지방법원 속초지원 2013.07.17 2013고단73
도로교통법위반(음주운전)등
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 December 28, 2006, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million for a fine of KRW 1 million for the same support on January 14, 2008.

At around 19:50 on March 3, 2013, the Defendant, who was punished twice or more due to drinking driving, was driving B-wing truck under the influence of 0.168%, without obtaining a driver’s license at the section of about 3km from the front of the “Yyang-gun, Yangyang-gun, Yangyang-gun, to the front of the “Yyang Welfare Center” located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of the inquiry report on criminal records, etc., investigation report (a) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 accused acknowledges and reflects the crime, the driving distance is relatively short, and the person has no criminal record of suspended execution or more);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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