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(영문) 춘천지방법원 강릉지원 2014.09.03 2014고단631
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B E-car.

On July 18, 2014, at around 23:20, the Defendant driven the Defendant’s vehicle within a three-lane radius from the front side of the light apartment in the East Sea, which is located in the same Dong and in the same Dong, without obtaining a driver’s license, while under the influence of alcohol by 0.123% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the ledger 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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of education are as follows: (a) the defendant has recognized his mistake and repented; (b) there are many same kind of criminal records but there are no criminal records exceeding fines; and (c) the defendant's age, character and conduct, family relation, circumstances leading to the instant crime and the subsequent progress, etc., shall be

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

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