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(영문) 춘천지방법원 원주지원 2018.01.18 2017고단1013
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle with approximately 10km section from the construction office, without obtaining a driver’s license on September 21, 2017, via a construction office with no knowledge of the trade name in the interesting area from the original city B through the original city, from the original city, from the original city to the original city 27, the Defendant again driving a vehicle with the Csch Rexton car at approximately 10km.

2. On June 26, 2015, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (dacting driving) at the original branch of the Chuncheon District Court on the ground of the violation of the Road Traffic Act (dacting driving), and on August 11, 2017, a summary order of KRW 5,00,000 as a fine for the same crime was issued on September 2, 2017, the Defendant driven the said car parked without obtaining a driver’s license around 00:4, 00:0,000 in blood alcohol concentration of KRW 0.208.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, report of the situation of unlicensed driving, notification of the result of regulating the driving of drinking, report of the situation of the driver under the influence of drinking, report of the situation of the driver under the driving of the vehicle;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (netly 12);

1. Subparagraph 1 and Article 152 of the Road Traffic Act, Article 152 of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning facts constituting a crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. There is a history of criminal punishment four times due to driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, and in particular, since 2015, there is a high risk of recidivism as a crime of driving alcohol with the third crime of this case.

In addition, the drinking volume is considerably high by 0.2% higher.

There is no history of criminal punishment exceeding the fine due to the same crime, and there was an accident due to each of the crimes in this case.

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