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(영문) 춘천지방법원 2017.12.07 2017고단812
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On March 6, 2008, the Defendant received a summary order of KRW 2,50,000 from the Chuncheon District Court to a fine of KRW 2.5 million due to a crime of violating the Road Traffic Act (drinking), on October 5, 2015, a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking), respectively. On November 26, 2015, the Defendant was sentenced to a fine of KRW 7 million due to a crime of violating the Road Traffic Act (drinking) at the Chuncheon District Court.

On November 22, 2017, at around 22:25, the Defendant driven B Coin with alcohol concentration of about 0.068% while under the influence of alcohol without obtaining a driver's license from around 200 meters from the front side of the Dogdong-gu Dogdong-ri, Yang-gun, Gangwon-do, Seoul, to the roads of the same Rig-ri, the Defendant driven B Coin with alcohol concentration of about 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's place, report on the circumstances of driving under drinking, inquiry about the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, report on the circumstances of the driver under driving under drinking, inquiry such as criminal history, inquiry letter, inquiry letter such as vehicle driver's license ledger, criminal history, and application of the Acts and subordinate statutes to investigation report

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, health, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend a lecture and order to provide community service order;

D. Unfavorable circumstances: the defendant has already been punished for a crime of violating the Road Traffic Act (driving) three times, and among them, he/she again commits the crime of this case even though he/she had received a fine of KRW 7 million in 2015, and the driving of drinking or non-licensed driving is more likely to be socially criticized in light of the risk.

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