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(영문) 춘천지방법원 원주지원 2015.01.20 2014고단1069

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2014, at around 00:35, the Defendant driven a motor vehicle from the front of the Buddhist apartment located in the original city level to the front road of the Dosan-dong located in the same Sinsan-dong, without obtaining a driver's license, with a blood alcohol concentration of about 1km at about 0.179% under the influence of alcohol level from around the front road of the Dosan-dong located in the same Sinsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Application of the statutes on the revocation of driver license

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1));

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