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(영문) 춘천지방법원속초지원 2020.11.25 2020고단76

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On December 3, 2007, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Seocho District Court’s Seocho Branch on December 3, 2007.

【Criminal Facts】

Although the Defendant had been punished for the violation of the Road Traffic Act (driving) as above, the Defendant driven C-wing three cargo vehicles with the influence of alcohol concentration of about 0.145% from the 2km away from the Do in front of the office of the Ksung Volunteer Fire Brigade Office to the front of B, around February 19, 2020, due to the hydrosung-gun's Susungsung-gun's Gosungsung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun-gun's Gosung-gun

around 15:42 on May 25, 2020, the Defendant driven a C-wing three truck without a driver’s license in the section of approximately 11 km from May 25, 2020 to the front of the F in the same military E from the Defendant’s residence in Gangwon-gun D to May 25, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the results of the control of drinking driving, making inquiries into the vehicle, and register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though there was a record of punishment for the crime of drunk driving, the defendant committed the same crime again, and even though the driver's license has been revoked, the crime without a license has also been committed.

The crime of drinking driving is highly likely to cause danger to life, body, and property of a third party, and there is a need for strict punishment.