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(영문) 춘천지방법원 2015.07.02 2015고단462

도로교통법위반(무면허운전)등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2001, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) by the Chuncheon District Court on January 12, 2001, a fine of KRW 1.5 million for the same crime in the same court on December 7, 2009, and a fine of KRW 2 million for the same crime in the same court on March 9, 2012, respectively.

On April 16, 2015, the Defendant was under the influence of alcohol of 0.193% in blood alcohol concentration without obtaining a driver’s license on April 16, 2015, and operated B Poter truck in the section of about 500 meters from the street in front of the construction site of Cheongcheon-si apartment at the construction site of Cheongcheon-si and 17, the same time, from the street in front of the construction site of Cheongcheon-si apartment to the 15-lane in front of the 15-lane Dominl apartment at the same time.

On April 15, 2015, at around 21:15, the Defendant driven the Poter truck under the influence of alcohol level of about 500 meters from the front side of the flusium, which is located in the port of Chuncheon to the front road of the Yacheon-si, Chuncheon-si, and without a driver's license, while under the influence of alcohol level of about 0.135% without a driver's license.

Summary of Evidence

"2015 Highest 462"

1. Statement by the defendant in court;

1. Report on the results of the drinking control, and the register of driver's licenses, "2015 Highest 498";

1. Statement by the defendant in court;

1. Report on circumstantial statements of a driver, and the register of driver's licenses of motor vehicles (before and after the market);

1. Application of statutes concerning criminal records;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 1, and Article 44 (1) of the same Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act (mutual crimes of subparagraph 2 of Article 2015 and proviso 462, and mutual crimes of subparagraph 498 of Article 2015);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is the same.