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(영문) 춘천지방법원 2014.05.22 2014고단186
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On August 22, 201, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Chuncheon District Court on August 22, 201, and was sentenced to imprisonment for eight months for a violation of the Road Traffic Act at the Seocho Branch of the Chuncheon District Court on December 18, 2013, and was sentenced to two years for a suspended sentence on December 27, 2013, and the said judgment becomes final and conclusive and conclusive during the suspended sentence.

【Criminal Facts】 On January 7, 2014, at around 00:05, the Defendant driven a DNA car while under the influence of alcohol concentration of 0.135% without obtaining a driver’s license on the road in front of the Suan-si, Chuncheon-si security.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc., investigation reports, investigation reports (former records and confirmation reports), investigation reports (final records and confirmation reports), and Acts and subordinate statutes, such as investigation reports;

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. Some of the circumstances are to be taken into account, such as the reason for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing below) that the defendant repents his mistake and that social relation is obvious.

Considering that there are five criminal records of the same kind, including one-time criminal records, and that there is no awareness of the suspension period of the execution of the same crime, and that there is no less than one month after the decision became final and conclusive, it is inevitable for the defendant to impose severe punishment on the defendant.

In these circumstances, the defendant's character and character, the environment, and various circumstances revealed in the proceedings of this case shall be taken into consideration and the sentence shall be determined as ordered.

order for any reason above.

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