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(영문) 춘천지방법원 2015.04.09 2015고단37
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

At around 03:00 on January 1, 2015, the Defendant, without obtaining a driver’s license in a section of approximately 2 km from the front of 110 p.m. to the hotel sl. 76 m. 32 p.m., the Defendant driven a car under the influence of alcohol concentration of about 0.170%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Sept. 25, 2014) is that the Defendant was notified of a summary order of a fine of KRW 4 million at the Incheon District Court on September 25, 2014 as a crime of violation of the Road Traffic Act, even though he was notified of a summary order of a fine of KRW 4 million at the time when three months elapsed since he was engaged in drinking and non-

However, the punishment shall be determined in consideration of the favorable circumstances, such as the fact that the defendant is against the depth of the crime, the fact that the parents who were involved are gathered, and the fact that there is no vehicle in the name of the defendant, and the execution of the punishment shall be suspended.

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