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(영문) 춘천지방법원 2014.11.13 2014고단887

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Criminal power is sentenced to a suspended sentence of ten months by a court of Chuncheon on November 9, 200 to imprisonment with prison labor for a violation of the Road Traffic Act. On October 12, 2007, the defendant was sentenced to a fine of three million won by the same court on October 12, 2007. On July 10, 2012, the same court was sentenced to a suspended sentence of eight months by imprisonment with prison labor for a violation of the Road Traffic Act. On July 18, 2012, the defendant was sentenced to a suspended sentence of two or more times by the same court on July 18, 2012.

Criminal facts

On August 26, 2014, at around 22:32, the Defendant driven B leto or car under the influence of alcohol concentration of 0.175% without obtaining a driver’s license in approximately 300 meters from the light apartment parking lot located at 11, Yang-gu, Yangwon-gun, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-dong, Yangyang-gu, Yangyang-gu, 23-11, the same way to the end of the 72-11 non-dan dan dan,

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. License register;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (the same criminal records and reports of the accused) and statutes;

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 community service order is that the defendant has three times the same criminal records, and there are favorable circumstances such as expressing his intention of reflectivity while attempting to commit the crime in this case.