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(영문) 춘천지방법원 2017.11.14 2017고단1001
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, at around 17:10 on August 29, 2017, 17, within 14-lane 14 in the desire of the same Eup on the road in front of the Hongcheon-gu, Hongcheon-gun, Hongcheon-gu, Hongcheon-do, the Republic of Korea was a fluence of the Republic of Korea.

From about 50 meters to the front road of a kindergarten, the passenger car was driven in B emulhion with alcohol concentration of 0.164% without a driver's license, while under the influence of 0.164%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on May 2017, the Defendant was sentenced to a fine for driving under the influence of alcohol on the grounds of the suspension of education and the revocation of the driver’s license, but the Defendant was sentenced to a fine on July 20, 2017, but was sentenced to a fine on July 20, 2017, the driving of drinking without the license was done under the influence of the driver’s license. The driving of drinking is a factor for sentencing disadvantageous to the Defendant.

On the other hand, the defendant seems to have been repented while making a confession of the crime of this case, and there is no criminal record of fine or more, etc. are factors of sentencing favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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