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(영문) 춘천지방법원 강릉지원 2014.06.25 2014고단341

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 July 23, 2009, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million with a fine of KRW 2.5 million with a charge of violating the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, on November 26, 2009, by the same court as the same crime, and on October 8, 2012, by the same court, a summary order of KRW 5 million with the same crime was issued.

【Criminal Facts】

At around 17:10 on March 30, 2014, the Defendant driven a B-wing truck with a blood alcohol content of at least 0.077% under the influence of alcohol, without obtaining a driver’s license, from a section of approximately 300 meters to the front road of the lutotopy located in the lutopy-Eup, Hean-gu, Seoul Metropolitan City, Singu.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, drives a motor vehicle in the state of under the influence of alcohol, while driving a motor vehicle with no license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

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 mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The sentencing reasons of Article 62-2 of the Criminal Act, including the fact that the defendant committed the crime of this case even though he had the criminal records of the same kind of crime, shall be determined by taking into account the favorable circumstances, such as the fact that the defendant has recognized his mistake, the fact that the defendant supports the aged and his mother, etc.

(b) for more than one year.