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(영문) 춘천지방법원 영월지원 2013.08.27 2013고단265
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On June 1, 2012, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Road Traffic Act at the Youngcheon District Court’s Young-gu branch on the following grounds: (a) two-year suspended sentence; (b) six-year imprisonment with prison labor for a violation of the Road Traffic Act; and (c) one-year suspended sentence with the said court on June 24, 2008.

2. On May 31, 2013, the Defendant, without obtaining a driver’s license at around 14:45 on May 31, 2013, driven a motor vehicle with Dgallon under the influence of alcohol concentration of about 0.141% at a section of approximately 3 km in front of the mountain cafeteria located in Thai City B’s house located in Thai City, in front of the mountain cafeteria located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

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

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to a judgment) 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was punished several times by the Defendant for the violation of the Road Traffic Act and the violation of the Road Traffic Act (free license). On June 1, 2012, the Defendant was sentenced to a suspended sentence of two years in August 1, 2012, and was sentenced to a suspended sentence of two months in the field of the violation of the Road Traffic Act in the Youngcheon District Court’s Young-gu Branch Branch of the Chuncheon District on June 9, 2012, and did not know even though the judgment became final and conclusive on June 9, 2012, and again committed each of the instant crimes

However, in consideration of the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant has no criminal record, and that the sentence of the suspended sentence is invalidated when the case becomes final and conclusive, the punishment shall be determined as ordered by the court.

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