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(영문) 춘천지방법원 2013.05.02 2013고단213

도로교통법위반(음주운전)등

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

The Defendant was sentenced to a fine of KRW 4 million in the Chuncheon District Court on June 8, 2009 due to a violation of the Road Traffic Act (driving) and a person who was sentenced to a fine of KRW 3 million in the same court on August 25, 201 as the same crime in the same court on August 25, 201.

On December 16, 2012, the Defendant driven a Bcoon car with approximately one kilometer from the Chuncheon master’s Doolley-dong to the claim apartment located on the 104-dong master’s degree, in a state of drunk alcohol concentration of 0.172% without a driver’s license, while under the influence of alcohol on December 16, 201, and without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a fact of drinking control;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. 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 under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend Course is that the defendant has a same criminal record four times, and that the blood alcohol content is higher than 0.172%, and that there is no record of criminal punishment heavier than the fine, and that there are favorable circumstances, such as the defendant’s character and behavior, environment, and other circumstances revealed in the oral proceedings of this case, the punishment as ordered is determined by taking into account the following circumstances.

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