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(영문) 춘천지방법원 2017.04.27 2017고단91

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a crime of violating the Road Traffic Act (drinking) at the Chuncheon District Court on September 7, 2012. On December 11, 2015, the Defendant was sentenced to a fine of KRW 7 million due to a crime of violating the Road Traffic Act (drinking).

1. Around 17:50 on February 3, 2017, the Defendant violated the Road Traffic Act (drinking) driven a CSM 5 car from around 400 meters away from the CSM 5 car at a distance of about 400 meters, from the 130 meters away from the CSM 130 meters away from the Kancheon Culture and Arts Center located in 91 due to the increase of 0.063% of alcohol while under the influence of alcohol in the blood.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of a motor vehicle without obtaining a driver’s license at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report, report on the situation of a driver of a vehicle, notification of the result of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of the previous convictions in each disposition, and application of each summary order, and the text of each judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. On December 11, 2015, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act, to which Article 148-2(1)1 of the Road Traffic Act applies, on the ground that he/she had the record of punishment twice on December 11, 2015.

In particular, December 11, 2015.