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(영문) 춘천지방법원 속초지원 2018.09.05 2018고단64

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who received a summary order of KRW 1.5 million in the same court on February 14, 2018 as a crime of violating the Road Traffic Act in the early branch of the Chuncheon District Court on June 30, 2017 due to a fine of KRW 3 million, a crime of violating the Road Traffic Act (drinking), a fine of KRW 5 million in the same court on August 4, 2017, and a fine of KRW 1.5 million in the same court on February 14, 2018.

[2] On January 22, 2018, the Defendant driven B car with alcohol content of 0.140% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around 2km at a distance of about 0.140% from the parking lot for children’s park of about 6 miles-dong, Gangwon-si, Gangwon-do, Seoul, to the front side of the fourth apartment road of about 74 meters in the same hour from the parking lot for children’s park of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the Defendant again gets under a license without a license even though he/she had been subject to three times punishment due to drinking or non-licensed driving in 2017, and the Defendant seems to have a very weak awareness of compliance with the law, and the criminal liability is not weak.

However, the fact that the defendant disposed of the vehicle to the effect that he would not repeat the crime, that there is no record of punishment exceeding the fine, that supports four young children, and that he supports the defendant's age, sex, environment, circumstances of the crime, means and results, and other circumstances after the crime.