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(영문) 춘천지방법원 2014.09.02 2014고단425
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

[2014 Highest 425]

1. Statement of the accused in the first protocol of trial;

1. Reporting on the state of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous convictions indicated in its judgment: Criminal history records and other inquiry report (A), investigation report (not less than twice the sound driving power);

1. Each legal statement of the witness C and D (excluding the full-time statement of the witness D);

1. Application of the police protocol law to C

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, and Article 298 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lower limit shall be the same as the crime of violation of the Road Traffic Act, within the scope of the sum of the long-term amounts of the crimes of two severe indecent acts prescribed in the crime of indecent act by compulsion;

[Attachment]

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record of imprisonment without prison labor or heavier punishment);

1. Violation of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act on the Punishment, etc. of Sexual Crimes: The sentencing guidelines set forth in Article 62-2 of the Criminal Act (the scope of recommendations) shall be based on the general standard of indecent act by force (the scope of 13 years or older), the basic area (6-2 years or more) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the general form of indecent act by force): The comparative sentencing range between six and two years (the decision of sentence): The sentencing range of the crime of violation of the Road Traffic Act (the decision of sentence), the degree of indecent act, and the relationship between the defendant and the victim, etc.; where a conviction becomes final and conclusive with respect to the crime of indecent act by force, which is subject to registration of personal information registered, the defendant shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be subject to jurisdiction under Article 43 of the same Act.

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