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(영문) 춘천지방법원 2013.06.04 2013고단333
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 March 9, 2009, the Defendant issued a summary order of 2,500,000 won for the crime of violating the Road Traffic Act in Daejeon District Court's red support, and on December 9, 201, issued a summary order of 1,50,000 won for the same crime by the Chuncheon District Court's same crime, but on March 9, 201, the Defendant did not obtain a driver's license of 13:5 on March 13, 2013, and operated a B-learning car under the influence of alcohol level of 0.096% from the front side of the "Gjin Electricity in Mancheon-gu, Gyeongcheon-do, Gyeongcheon-do, to the front side of the "Gangjin-dong in the same city."

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of state of driver without a license, and report on the state of state of state of driver without a license;

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

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant reflects the crime in depth, that there is no record of punishment heavier than that imposed for the same crime, that the degree of blood alcohol concentration is high, and that the distance of drinking and driving without license is not always high, and other circumstances shown in the oral proceedings of this case including the defendant’s character, behavior, environment and health condition are taken into account, and the execution of the sentence is suspended.

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

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