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(영문) 춘천지방법원 2014.11.04 2014고단935

도로교통법위반(음주운전)

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

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

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Jan. 3

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. While the defendant wishes to be sentenced to a fine for the reason of sentencing under Article 62-2 of the Criminal Code of Probation and Social Service Order, he/she shall select and punish imprisonment with prison labor in consideration of the fact that the defendant has more records of drinking driving than in the instant case, the degree of drinking driving in this case, and the occurrence of accidents during drinking driving, etc., but shall suspend the execution of the sentence after considering the fact that he/she is a juvenile.