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(영문) 춘천지방법원 강릉지원 2014.05.30 2014고단260
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 April 14, 2014, at around 21:57, the Defendant driven the Defendant’s B Poter Cargo in the section of approximately 800 meters from the street in front of the “Saeng-do” in the Yecheon-si in the East Sea without obtaining a driver’s license under the influence of alcohol content of 0.214%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and application of the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. 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 consideration shall be repeated in favor of the reasons for sentencing);

1. The sentencing reasons of Article 62-2 of the Criminal Act, including the fact that the accused has recognized his mistake and repented for the sentencing reasons of Article 62-2 of the Criminal Act, the fact that there are criminal records of the same kind, but there are no criminal records of suspended execution or more, shall

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

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