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(영문) 춘천지방법원 2013.03.07 2013고단5
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 1, 2012, the Defendant, while under the influence of alcohol with 0.158% of blood alcohol concentration around 23:43, the Defendant, without a driver’s license, driven C business car in a two-km section from the front of a cafeteria in the mutual unfluent road in Gyeyang-gu Incheon Metropolitan City to the front 7th day of the Dongyangdong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant provisions of Article 148-2 (2) 2, 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. On February 16, 2012, the Defendant had been already punished several times for the same kind of crime. Moreover, in light of the fact that the Defendant was sentenced to a suspended sentence for six months due to a violation of the Road Traffic Act (unlicensed Driving) at the Chuncheon District Court on February 16, 2012, and was sentenced to a suspended sentence for one year due to a violation of the Road Traffic Act, and the Defendant repeatedly committed the instant crime without being aware thereof, and that the Defendant’s drinking water level was relatively high to 0.158 percent, it is inevitable to sentence the Defendant to imprisonment with prison labor for a severe punishment corresponding to the nature of the crime

However, in addition, considering the fact that the defendant is deeply divided and reflected in the crime of this case, and the various sentencing conditions shown in the arguments of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the defendant shall be sentenced to the punishment as ordered.

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