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(영문) 춘천지방법원 2015.10.15 2015고단820
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2013, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (refluence of measurement) at the Chuncheon District Court on March 4, 2013, and a fine of 1.5 million won for a violation of the Road Traffic Act (refluence of measurement) at the same court on June 4, 2007.

On July 24, 2015, at around 02:05, the Defendant driven a car B, without a driver’s license, at a section of about five meters from the Sincheon City Master’s Road in the direction of 0.204 percent of alcohol content from the blood alcohol level to the same saak practice room.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of blood alcohol alcohol, a master-class driver punishment report, and the register of driver's licenses;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 1, and Article 44 (1) of the same Act concerning the facts constituting a crime (the point of running a sound driving);

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 consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has already been punished for the violation of the Road Traffic Act due to drunk driving, and the degree of drinking is serious in the crime of drinking driving in this case. However, the defendant has committed a crime that is disadvantageous to the defendant, such as the defendant's deep reflects his mistake and again does not commit such crime. The defendant has no record of being subject to a serious criminal punishment of suspension of qualification or heavier punishment, and some of the "criminal record of drinking driving" constituting the crime of violation of the Road Traffic Act of this case, which constitutes the crime of violation of the Road Traffic Act of this case, was left before the enforcement of the aggravated punishment, and there is room for some consideration, such as the defendant's age, character and behavior.

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