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(영문) 춘천지방법원 2018.07.12 2018고단434

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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

On August 31, 2011, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) with respect to the Hongsung branch of the Daejeon District Court on August 31, 201, and on February 23, 2018, the Defendant was issued a summary order of KRW 5 million for the same crime.

On April 18, 2018, the Defendant driven a BMW745LI car without obtaining a driver's license from the ELM Moelel parking lot located in Taeju-dong, Taeju-si, Taeju-dong, Taeju-dong, Taeju-dong, Taeju-dong, from about 5 km to the luxa, while under the influence of alcohol level of about 0.085% in blood alcohol level.

As a result, the Defendant, even though he violated Article 44(1) of the Road Traffic Act more than twice, was driving at the same time without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving, inquiry about the results thereof, report on the circumstances of the driver placed in driving, ledger of driver's license, and inquiry about the criminal history, and application of each summary order statutes;

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, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend appears to have an attitude that the Defendant seems to reflect on his/her criminal act, and the fact that the Defendant has no criminal record of imprisonment with labor or heavier punishment for the same crime is favorable to

However, the defendant has been punished by a fine for not less than three times due to drinking driving, and in particular, the criminal records are punished as a fine of not less than five million won due to drinking driving in 2018.