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(영문) 춘천지방법원 강릉지원 2018.12.20 2018고단1092
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal history] On August 3, 2009, the Defendant was issued a fine of one million won as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on March 12, 2012, the Defendant was issued a fine of five million won by the same court due to a crime of violating road traffic law.

[Criminal facts] On October 3, 2018, the Defendant driven DK5 car in the influence of alcohol leveling 0.252% without a vehicle driver’s license from approximately 4km section to the front side of the apartment apartment of 2968, e.g., the 78-ro Yung-si, Jung-si, Jung-si. 78. The Defendant driven DK5 car level while under the influence of alcohol leveling from the front side of the bridge to the e.g., Jung-si. 298.

As a result, the defendant was punished for drinking more than twice, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

Unfavorable circumstances: The fact that the drinking and non-licensed driving are repeatedly prevented, and the circumstances that are favorable to the fact that the drinking value is very high: The fact that the person made a confession and repents his mistake.

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