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(영문) 춘천지방법원 원주지원 2020.02.05 2019고단1094
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Criminal power is a person who was charged with a fine of KRW 3 million with a violation of the Road Traffic Act in Seoul Western District Court on February 8, 2019 and is currently pending trial.

Criminal facts

On August 16, 2019, at around 22:48, the Defendant driven a motor vehicle from the front line B to the front line of the C apartment of the same city from around 900 meters to the front line of the C apartment of the same city without obtaining a driver's license in the state of alcohol concentration of about 0.211%.

Accordingly, although the defendant had a record of punishment for drunk driving, he was driving a motor vehicle while driving a motor vehicle without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning investigation reports, reports on results of the control of drinking driving, reports on 112 cases, license records, etc. and criminal records;

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

1. The reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act do not constitute a criminal conviction or heavier than the suspension of execution, and there are circumstances favorable to the defendant, such as the fact that the defendant has a depth of his mistake, etc. However, in light of the nature and circumstances of each of the crimes in this case, considering the motive and circumstances of each of the crimes in this case, the circumstances after the crime, the defendant's age, occupation, family relation, health status, etc., the punishment like the order shall be determined by taking into account all the circumstances such as drinking water and methods, etc.

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