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(영문) 춘천지방법원 영월지원 2015.02.13 2014고단611
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2006, the Defendant issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at the Daegu District Court on September 19, 2006, and on January 18, 2013, issued a summary order of KRW 4 million for the same crime, and violated the prohibition of driving under the influence of alcohol twice.

On November 24, 2014, at around 13:47, the Defendant driven C Poter truck with a blood alcohol concentration of about 0.170% without a vehicle driver’s license from the front day of the center for senior citizens located in Suwon-gun, Young-gu, Seoul to the national road located in approximately 1.7 km-ro 2197 in the same Eup, Taesan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of the driver, the report on the employment of the driver, the report on the status of the driver, the report on the status of the driver’s license;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmation reports) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been already punished several times due to the crime of violating the Road Traffic Act, and it is decided as ordered in consideration of all kinds of sentencing conditions stipulated in Article 51 of the Criminal Act, which can be known through the records of the defendant's age, happiness, family environment after committing the crime of violating

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