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(영문) 춘천지방법원 영월지원 2017.10.24 2017고단328

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On October 31, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. at the Youngcheon District Court’s Military Branch’s Youngcheon Prison’s Military Branch’s Youngcheon Branch’s parole on November 30, 2015 during execution of the sentence, and the parole period expired on December 29, 2015.

[Criminal facts]

1. On May 20, 2017, the Defendant: (a) driven a motor vehicle without obtaining a driver’s license from around 6km-gun, Gangwon-gun (Seoul), from around 18:34, to the front of the D cafeteria located in C, without obtaining a driver’s license.

2. On May 21, 2017, the Defendant driven an Eststststststun cargo under the influence of alcohol content of approximately 0.195% from a section of approximately 2.7km in the direction of the mountain village, located from around 2.7km to the front of the branch office of the mountain village, located in approximately 1410-10 of the same side, from around 09:40 to the 3nd of the 3nd of the 2.7km in the direction of the river.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on internal investigation (driving and driving without a license);

1. As to the investigation report (as to the application of the above dmark formula)

1. Investigation report (related to driving without a license, etc.);

1. The driver's license ledger (A);

1. Previous convictions: A reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment to the same type of judgment), and application of the same Act and subordinate statutes of the court ruling;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. A favorable circumstance that the defendant for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act recognizes each of the crimes of this case, and the defendant was punished for the same kind of crimes.