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(영문) 춘천지방법원 2014.10.07 2014고단772

도로교통법위반(음주운전)

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of his/her oral statement;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (former and previous reports), and application of statutes governing judgment to be attached;

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

1. Article 62 (1) of the Criminal Act (Incompetence of the suspension of execution and taking into account the fact that there exists no record of criminal punishment of imprisonment without prison labor or heavier punishment for the latest three years);

1. The main sentencing factor is as follows: (a) the fact that the Defendant committed the instant crime even though having been already punished for drinking driving several times prior to the instant case on the grounds of sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order; (b) the fact that the Defendant would not scrap and resume the instant vehicle; and (c) the fact that the Defendant would not drive the instant vehicle again shall be considered as the main mitigated sentencing factor; (d) in consideration of all other circumstances revealed in the oral proceedings, the sentence is