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(영문) 춘천지방법원 영월지원 2014.09.30 2014고단267
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Young-gu branch on March 20, 2009; on July 30, 2013, the same court issued a summary order of KRW 1.5 million for the same crime; on June 27, 2014, the Defendant was sentenced to imprisonment for 6 months with labor for the same crime; and on July 5, 2014, the judgment became final and conclusive on July 5, 2014.

On June 11, 2014, at around 21:10, the Defendant driven B rocketing car under the influence of alcohol without the driver’s license from approximately 2km section from the front of Samsung Ireland, which was located in the Young-gun, Young-gun, Young-gun, Young-gu, Seoul, to the front road of the same small natural gas power plant located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, report on the status of a drinking driver, report on the control of drinking driving, and report on the register of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, copies of written judgments and investigation reports (report on previous records and results of confirmation of dispositions);

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [limited to a reasonable circumstance] that constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and there are several records of criminal punishment for the same kind of crime [unfair circumstances], and in particular, it is not good that the crime is committed again while being tried for the same kind of crime, and it is not good that the crime is committed again.

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