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(영문) 춘천지방법원 속초지원 2014.02.05 2014고단6

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence for eight months from July 3, 2007 in the early branch of Chuncheon District Court for the crimes of violation of the Road Traffic Act on July 3, 2007, and was sentenced to a suspended sentence for one year of imprisonment on July 6, 2012, and was sentenced to a suspended sentence for two years on July 14, 201, and the decision became final and conclusive on July 14, 201.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a C-type truck without a driver’s license, under the influence of alcohol leveling 0.198% from the section of about 40km up to the roads in front of the mutual unfluened private house in Gangseo-gu, Gangnam-gu, Seoul at around 18:40 on April 20, 2013 to the roads in front of the interesting gas located in 19:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of an employer-employed driver, and a written report on the status of an employer-employed driver;

1. Application of the statutes on the register of driver's licenses;

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. In light of the fact that the defendant for the reason of sentencing under Articles 53 and 55 (1) 3 (C) of the Criminal Act for discretionary mitigation can be considered as a favorable condition for sentencing, including a sentence and a suspended sentence, and that the defendant again committed the crime in this case, even if at the time of the crime in this case, he was a suspended sentence due to the same crime, the defendant's blood alcohol concentration is considerably significant, and the defendant's blood alcohol concentration was not complied with the request of an investigative agency for a considerable period after the crime in this case, it is inevitable to sentence

However, in this case, the punishment shall be determined as ordered in consideration of the defendant's confession, the suspended one-year imprisonment, the fact that the suspended sentence should be imposed concurrently, and the age, character and conduct, environment, etc. of the defendant.

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