beta
(영문) 춘천지방법원 2016.02.18 2015고단1274

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 2015, 2015, the Defendant driven a C-eth truck at a section of about 300 meters from the front road of the Chinese government, which is located in the same city-based 189-1, with the alcohol level of at least 0.211% under the influence of alcohol during blood. The Defendant driven a C-eth truck at a section of about 300 meters from the front road to the front road of the Chinese government in the same city-based 189-1.

On December 12, 2015, the Defendant 1289, the 2015 upper group 1289, driving a c e-mail vehicle from the front side of the Dong-dong apartment in Chuncheon-si to the full 3km distance in the same city from the front side of the Dong-dong apartment in Chuncheon-si without a driver's license.

Summary of Evidence

"2015 Highest 1274"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. On-site photographs;

1. "Motor vehicle driver's license ledger 2015 high group 1289";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) of the Road 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);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license) due to driving on November 20, 2015, and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, community service and order to attend a lecture, is that the accused has twice a two-time drinking driver’s license, three-time driver’s license refusal to measure drinking, one-time driver’s license, the Defendant’s blood alcohol concentration is very high, and that the Defendant again drives without a license on November 20, 2015, because he/she had a two-time driver’s license on December 12, 2015.