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(영문) 춘천지방법원 영월지원 2014.08.29 2014고단235
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 20, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. on August 31, 2009, and a summary order of KRW 4 million for the same crime in the same court on August 31, 2009, respectively, and on August 16, 2012, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

At around 20:30 on May 23, 2014, the Defendant driven a 110-wheeled vehicle under the influence of alcohol level B 0.151% without obtaining a motorcycle driver’s license from around 2km to the front day of the same Eup Eup/Myeon, Pyeongtaek-gu, Pyeongtaek-gu, Gangseo-gu, Pyeongtaek-gu, Gangseo-gu, Gangseo-gu, Gangseo-gu, Chungcheongnam-do, GCA 110-wheeled vehicle under the influence of alcohol level, without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, inquiry into the results of the control of drinking driving, and register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same kind of crime and the facts during the suspension of execution);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant had been already punished several times due to the violation of the Road Traffic Act, and in particular, the defendant is a crime during the period of suspension of execution, and the records and arguments, such as the age, happiness, family environment, and the circumstances after the defendant's committing a crime, are considered in light of all the sentencing conditions under Article 51 of the Criminal Act.

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