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(영문) 춘천지방법원 강릉지원 2015.02.11 2015고단9

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:22 on May 29, 201, the Defendant, without a driver’s license, driven approximately 20 kilometers of the Egalloned vehicle owned by the Defendant, from the front day of the cafeteria at the Ganyangyang-gun Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the front day of the 767th day of the Magal Sea, along with the Magal Sea, while under the influence of alcohol concentration of 0.164%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

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. 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. Although there are extenuating circumstances, such as probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act, the Defendant committed the instant crime during the period of probation, committed the instant crime while under the period of probation, and was sentenced to a fine by driving without obtaining a license even prior to the occurrence of the period of probation, the Defendant’s mistake is recognized and divided, and the Defendant did not repeat the instant vehicle through the period of detention, and the Defendant’s favorable circumstances such as scrapping of the instant vehicle, and the Defendant’s age, character and behavior, family relationship, circumstances leading to the instant crime, and the progress thereof, etc., shall be determined as the sentence as per the disposition.

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