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(영문) 춘천지방법원 2013.06.11 2013고단350
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Chuncheon District Court on the same day, and on October 2, 2012, the same court issued a summary order of KRW 5 million for the same crime, and on the other hand, on two occasions, in addition to the issuance of a summary order of KRW 5 million for the same crime, the Defendant used two same kinds of electric power. However, on March 10, 2013, at the front side of the “new apartment” located in Chuncheon-si, Chuncheon-si around 03:20, and from March 10, 2013 to the front side of the “Wecheon-dong apartment complex” located in the latter end of the same city, the Defendant operated the B-learning car without obtaining a driver’s license at the 1km section of approximately 1km alcohol level from the blood alcohol level of approximately 0.101

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1.Notification of the results of the drinking driving control, the inquiry into the results of the drinking driving control, the report on the situation of driving without a license, and the report on the state of driving without a license;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point where a person drives a motor vehicle without obtaining permission for driving a motor vehicle again after driving a motor vehicle for drinking a motor vehicle twice or more), subparagraph 1 of Article 152 and Articles 43 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who was punished four times as a four-time fine due to drinking and driving without a license, once again takes a disadvantage, such as drinking and driving without a license.

However, there are favorable circumstances such as the defendant's deep reflects on the crime, the fact that the defendant did not cause a traffic accident, and the defendant has no record of punishment more than suspended execution.

In these circumstances, the defendant's character, environment, and health conditions, as well as various circumstances shown in the proceedings of this case are equally considered, and the sentence is determined as ordered.

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