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(영문) 춘천지방법원 2013.10.17 2013고단742

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

【Criminal Power】 On October 7, 2009, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Chuncheon District Court, and a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Chuncheon District Court on April 9, 2013, respectively.

【Criminal Facts” around 20:00 on August 15, 2013, the Defendant driven a motor vehicle without a driver’s license, while under the influence of alcohol 0.182% of the blood alcohol concentration, from the front of the New Year’s School located in the Cheongcheon-si, Cheongcheon-si to the front of the Gyeongbuk-si located in the geographical village.

Summary of Evidence

1. Defendant's legal statement;

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

1. Disqualifications for drivers' licenses;

1. Previous convictions indicated in judgment: Residents and criminal records, and application of investigation reports (the previous records and confirmations 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 order to attend a lecture is that the defendant has three times the same criminal records and expressed his intention of reflectivity while applying for the crime of this case. There is no record of criminal punishment heavier than the fine up to now, and there are favorable circumstances such as scrapping of the vehicle owned after the crime of this case and showing the intention to prevent recidivism. Such circumstances include the character and conduct of the defendant, the environment, and the various circumstances revealed during the oral proceedings of this case, and the punishment is determined as ordered by the order.

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