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(영문) 춘천지방법원 2014.07.24 2014고단447
도로교통법위반(음주운전)등
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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 of the final judgment.

Reasons

Punishment of the crime

On March 13, 2014, at around 18:30, the Defendant driven C high-class cargo vehicles with a blood alcohol concentration of about 0.224% under the influence of alcohol without obtaining a driver's license from the front side of the gardening restaurant located in Hongcheon-gun Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, 48, to the next 44th national highways of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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 Code of the Order to Provide community service and attend lectures is that the defendant has three times the same criminal records and expressed his/her intent of reflectivity while committing his/her crime, there is no record of criminal punishment heavier than the fine, and the vehicle scrapping and showing the intention to prevent recidivism. In light of these circumstances, the punishment is determined as ordered by taking into account the various circumstances shown in the argument process of this case including the defendant's character and behavior, environment, etc.

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