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(영문) 춘천지방법원 2013.07.25 2013고단425

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

On February 9, 2011, the Defendant issued a summary order of KRW 4 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Chuncheon District Court on February 9, 201, and issued a summary order of KRW 5 million with the same court on September 19, 2012.

On April 30, 2013, the Defendant, while under the influence of alcohol 0.050% (equipment measurement) with blood alcohol content around 22:30 on April 30, 2013, driven a car-free vehicle from around the gravel island fishing place located in Chuncheon Ccheon-dong without a car driver’s license to the same road before such Songcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the results of the drinking driving control, and field photographs;

1. Registers of driver's licenses, and car4;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a summary order issued on the same type of power);

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 on probation and order to attend a lecture is that the defendant has three times the same criminal records and reflects the crime of this case, and there are favorable circumstances such as the sale of vehicles after this case, and the intent to prevent recidivism. The punishment as ordered is determined by taking into account the degree of blood alcohol concentration, character and conduct, environment and health conditions of the defendant, as well as various circumstances revealed during the oral proceedings of this case.

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