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(영문) 춘천지방법원 2014.12.11 2014고단1040
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Power】 On April 27, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Chuncheon District Court, which was sentenced to a fine of one million won, and on September 28, 2011, the same court was sentenced to a fine of one million won for the same crime.

【Criminal Facts】 Around October 22:15, 2014, the Defendant driven Done Star Track Cargo Vehicles while under the influence of alcohol concentration of 0.185% on the front of Chuncheon Paz on the roads of Chuncheon Paz.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 includes unfavorable circumstances such as the defendant's previous convictions three times for the crime of this case, and expressed the defendant's intent of reflectivity while committing the crime of this case, there is no record of criminal punishment heavier than the fine, and there is no family member to support. Such circumstances include the defendant's character, character, environment, and health conditions, and the number of circumstances shown in the oral proceedings of this case shall be determined as per the order.

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

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