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(영문) 춘천지방법원 강릉지원 2017.01.25 2016고단1644

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From 207 to 2015, the Defendant, who was punished three times for a violation of the Road Traffic Act (drinking driving), was driving a Drocketing car at approximately 15 km from the front of Gangnam-si to the road adjacent to the same Sin-dong-dong Wndong Wn-si, without obtaining a driver's license on November 6, 2016, while under the influence of alcohol of at least 0.164% of alcohol during blood.

As above, Defendant re-driving a motor vehicle by a person who has violated the prohibition clause on drinking at least twice, and at the same time, Defendant was driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. A report on investigation (Attachment, such as site photographs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime);

1. Violation of the Traffic Act (driving of alcohol): Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts: Article 152 (1) 1 and Article 43 of the Road Traffic Act;

1. Article 40 or 50 of the Criminal Act for the ordinary concurrence and the choice of a punishment (the punishment provided for a crime of violating the Road Traffic Act as stated in the holding two crimes, the punishment between such crimes, and the punishment heavier than that among such crimes, and the choice of imprisonment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances among the reasons for sentencing) [the scope of punishment] : (a) six months to one year and six months of imprisonment ; (b) repeated driving of alcohol; (c) three times or more of a fine; and (d) refusal to measure drinking in the state of re-driving on July 2016; and (b) led to the instant re-offending of a crime, in light of the following: (a) the sentence is inevitable in the light of the following: (a) the person was placed in the main state of the vehicle; and (b) the person was placed in the main state of the suspension of execution; and (c) the person did not go through the main state of

However, it is still against the late and late, due to the confirmation of this decision.