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(영문) 춘천지방법원 속초지원 2017.11.29 2017고단247

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant was sentenced to six months of imprisonment, or two years of suspended execution as a crime of violating road traffic law in the early branch of the Chuncheon District Court on February 8, 2017, and such judgment becomes final and conclusive on the 16th of the same month and is still under suspended execution.

On April 4, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.109% while under the influence of alcohol without obtaining a driver’s license from the New York’s parking lot and its parking lot located in Sinsi-si around 22:25 on the same day to the front road of the elementary education library located in the same Dong as that of the same day from around 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, notification of the result of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant reflects the instant crime in depth, not only can the defendant be punished for driving under drinking, but also he/she again commits the instant crime on February 2, 2017, even though he/she was placed on the priority of suspended sentence due to drinking driving, etc., although he/she again committed the instant crime after being placed on the priority of suspended sentence on February 2, 2017. Although he/she appears to have been driving after a considerable period of time from the last drinking, he/she is deemed to have been driving under the circumstances where the defendant himself/herself feel on the ground that the blood alcohol concentration was considerably high at the time, and the sentence is determined as ordered in light of all the conditions of sentencing, such as the defendant's age, sex, background, means and consequence of the environmental, criminal act