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(영문) 춘천지방법원 원주지원 2017.11.24 2017고단885
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 7, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Gangnam Branch of the Chuncheon District Court (a group, deadly weapon, etc.) and completed the execution of the sentence at the Gangnam Prison on July 9, 2015.

[2] On January 29, 2016, the Defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 5 million for a violation of the Road Traffic Act at the original branch of the Chuncheon District Court on January 29, 2016, and imprisonment for six months by the same court on January 17, 2012 for a violation of the Road Traffic Act.

On August 16, 2017, around 03:43, the Defendant driven a two-way car with alcohol content of 0.134% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from the front of the Tran-gu Center, which is located in the center of Hanju City, 40, the center of Hanju, from around 1km to the 21st road in the center of Hanju-si.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle again while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the arrest of a case, and notification of the results of regulating drinking driving;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Records of judgment: Inquiry about criminal history, investigation report (power of punishment for drinking driving), investigation report (fact that the person is a repeated crime), status of personal confinement, and application of the statutes of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act due to a drinking driving and a violation of the Road Traffic Act due to a driving without a license);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the following circumstances favorable to sentencing) of the Act on Reduction of Small Quantity are driving under drinking alcohol on several occasions.

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