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(영문) 춘천지방법원 영월지원 2015.01.06 2014고단420
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Youngcheon District Court's Young-gu branch on December 20, 2006, a fine of 2. million won for the same crime in the same court on December 22, 2008, a fine of 4 million won for the same crime in the same court on February 21, 2012, and a fine of 4 million won in the same court on April 19, 2013, and the same court on April 19, 2013 sentenced to imprisonment of 10 months for a violation of the Road Traffic Act and two years for suspension of execution on April 27, 2013, and is currently under suspension of execution.

On August 17, 2014, at around 20:40, the Defendant driven a car with approximately 1 km from the street room in front of the same same mix in the Materne City, Taecheon-si, to the house of the Defendant located in D, with a blood alcohol concentration of at least 0.145% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver report, a report on the status of a driver, and the register of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment of sound driving and confirmation of the fixed date) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is punished for the crime of violation of the Road Traffic Act, and in particular, the defendant committed the crime of this case during the suspension period of execution of the same crime. Even if he was given sufficient warning about the crime of violation of the Road Traffic Act, the nature of the crime is very difficult in that he repeated the same crime.

Provided, That when this judgment becomes final and conclusive, the sentence shall be determined as ordered in consideration of the fact that the judgment of suspension of execution becomes void, and the defendant's age, character and behavior, environment,

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