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(영문) 춘천지방법원 2014.07.10 2014고단314
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

On October 12, 2008, the Defendant was punished by a fine of 1.5 million won for a violation of the Road Traffic Act at the Chuncheon District Court on October 12, 2008, and on February 17, 2009, by a fine of 3 million won or more due to the same crime at the Incheon District Court on February 17, 2009.

On April 14, 2014, at around 21:30, the Defendant driven a D class III cargo vehicle with a blood alcohol concentration of about 0.084% from the front road of Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Seoul to the front road of the new Dolle in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of inquiry reports on criminal records, etc., investigation reports (a) and Acts and subordinate statutes (a summary order of the same type of crime and reporting attached to indictments);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is sentenced to a fine twice for a violation of the Road Traffic Act, such as the previous conviction in the judgment, and the punishment of a fine for a violation of the Road Traffic Act, and other crimes of violating the Road Traffic Act (unlicensed Driving). While there was a past record of the punishment of a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act in 192, there was no record of the punishment of a suspended sentence of imprisonment or a heavier punishment due to a violation of the Road Traffic Act. It is so decided as per Disposition on the grounds that the defendant has a profoundly against his/her mistake.

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