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(영문) 춘천지방법원 2014.10.13 2014고단795

도로교통법위반(음주운전)등

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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 of the final judgment.

Reasons

Punishment of the crime

On August 4, 2014, the Defendant driven a Cinep vehicle at approximately 1km from the front of the Gangwon-gun, Gangwon-do, Gangwon-do, in the state of drinking 0.161% of alcohol content without obtaining a driver’s license on August 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the situation of driving without a license, reports on the status of operating without a license, reports on the state of standing statements for driving

1. Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasoning for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant has been punished three times for a violation of the Road Traffic Act (unlicensed Driving) in 2012 and 2013. It is so decided as per Disposition by the assent of all participating Justices on the grounds above favorable circumstances, including the fact that the Defendant has committed a violation of his/her own mistake.