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(영문) 춘천지방법원 강릉지원 2014.04.25 2014고단31

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal power] On September 10, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and on June 22, 2011, the Seoul Southern District Court sentenced a fine of KRW 4 million for a violation of the Road Traffic Act (driving). On November 30, 201, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Gangnam Branch of the Chuncheon District Court.

【Criminal Facts】

On January 7, 2014, at around 19:00, the Defendant driven a motor vehicle from around 19:20 on the front of an officer's port located in the officer doctrine of Seocho-gu, Suwon-gu, Suwon-si to the intersection road located in the officer doctrine of Suwon-si, Suwon-si, Suwon-si at around 30 meters in approximately 0.15% of blood alcohol content, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the error of self-defense is recognized and the case is divided, and the same military force does not have any criminal record of probation or heavier);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the same reason as the above);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;