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(영문) 춘천지방법원 2014.07.17 2014고단115
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 of the final judgment.

Reasons

Punishment of the crime

On May 9, 2007, the defendant was sentenced to a summary order of 1.5 million won for the violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court, and on November 18, 2008, the defendant was sentenced to a fine of 5 million won for the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) in the same court.

On January 13, 2014, at around 21:35, the Defendant driven a balone balone in the state of alcohol alcohol concentration of about 0.276% without obtaining a driver’s license from the front road of the Hongcheon Funeral Home located in 2374, Hongcheon-gun, Hongcheon-ro, Hongcheon-gun, to the front road of the same 1780km-ro 1780km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (not less than twice the main driving records), including criminal records, and 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. 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 Criminal Act include the defendant's unfavorable circumstances, such as the fact that the defendant had four identical criminal records, and expressed his/her intent of reflectivity while committing his/her crime, and there is no record of criminal punishment heavier than the fine. These circumstances include the defendant's character, character, environment, health conditions, and various circumstances shown in the oral proceedings of this case.

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