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(영문) 춘천지방법원 2013.11.18 2013고단880
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 12, 2013, at around 00:20, the Defendant driven a C Sti-type car under the influence of alcohol concentration of 0.23% (Measurement) without a driver’s license, on the front of a restaurant where it is impossible to identify the trade name near the bus terminal in Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Hongcheon-do, the Defendant driven a car at around three kilometers from the front of the restaurant where it is impossible to identify the trade name near the bus terminal in the vicinity of the city, Hongcheon-gun, Hongcheon-do, Hongcheon-do, Hongcheon-do,

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) 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 Act on probation and order to attend the course of education is three times the defendant had the same criminal records, and the blood alcohol content is high, and the defendant expressed his intent of reflection while attempting to commit the instant crime, and there is no record of criminal punishment heavier than the fine up to now, and there is no favorable circumstance such as selling the vehicle after the instant case and showing the intention to prevent recidivism. In light of these circumstances, the punishment as ordered shall be determined by taking into account the various circumstances shown in the pleading process of the instant case, including the character and conduct of the defendant, the environment, etc.

It is so decided as per Disposition for the above reasons.

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