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(영문) 춘천지방법원 2014.04.10 2014고단100
도로교통법위반(음주운전)
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 of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On December 5, 2007, the Defendant received a summary order of KRW 2,00,000,000 as fine for a violation of the Road Traffic Act, etc. at the Chuncheon District Court, and 2,000,000,000 as fine for the same crime in the same court on August 12, 2011.

【Criminal Facts】 On January 24, 2014, the Defendant driven a Crash car owned by B, a mother of the Defendant, one kilometer up to six four kilometers in front of the Hancheon-gun Hongcheon-gun, Hongcheon-do, Hongcheon-ro, Hongcheon-ro, Hongcheon-do, an Eup, with a alcohol content of 0.10% around 0.10%.

Summary of Evidence

1. Defendant's legal statement;

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

1. A circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, etc. and other inquiry reports and investigation reports (attached documents, such as a certified copy of summary order of the same case);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the defendant's unfavorable circumstances, such as the fact that the defendant had the same criminal records and three times, and expressed his intention of reflect in the course of committing the instant crime, and that there is no record of punishment heavier than the fine until now. Such circumstances include the defendant's character and behavior, the environment, and the various circumstances shown in the proceedings of the instant case shall be equally considered to be determined as ordered.

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

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