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(영문) 춘천지방법원 2017.08.28 2017고단580
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, at around 20:50, the Defendant driven a Cwing-III truck under the influence of alcohol content of about 0.101% while under the influence of alcohol without a driver's license, at the section of about 400 meters in the direction of the king, Yangyang-gun, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangwon-gun, the mission of Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry of the results of crackdown on driving on drinking, notification of the results of crackdown on driving on drinking, and application of Acts and subordinate statutes to

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed each of the instant crimes even if he/she was sentenced to a fine twice due to a violation of the Road Traffic Act in 2003 and 2014.

However, considering favorable circumstances, such as the defendant's intent not to repeat the crime, the fact that the defendant's wife disposes of the vehicle, the fact that the defendant's wife supports his children by leaving the place, and the fact that there is no criminal record exceeding the fine, etc., the punishment as ordered shall be determined by taking into account all the conditions of sentencing, such as the defendant's age, sex, occupation, environment, motive leading to the crime of this case, and circumstances after the crime.

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