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(영문) 춘천지방법원 2014.11.13 2014고단982

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 September 20, 2014, at around 05:50, the Defendant driven D-be, while under the influence of alcohol concentration of 0.207% without a driver’s license, on the front of Chuncheon-si, Chuncheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on proper launch of, and reports on, a driver's license;

1. Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. For the reason of sentencing in Article 62-2 of the Criminal Act on Probation and Order to Attend the Course, the Defendant has a record of having been sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act in 2004, a fine of KRW 2 million due to a violation of the Road Traffic Act in 2008, a fine of KRW 2 million due to a violation of the Road Traffic Act in 2011, a fine of KRW 2 million due to a violation of the Road Traffic Act in 2011, a violation of the Road Traffic Act in 2014, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 201, a violation of the Road Traffic Act in 2014, a violation of the Road Traffic Act in 200, and a violation of the Road Traffic Act in particular, a fine of KRW 5 million has been sentenced to a fine again for a violation of the Road Traffic Act in 2014, and a defendant has committed a mistake against himself or it has not been sentenced to imprisonment more favorable than the above punishment.