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(영문) 춘천지방법원 속초지원 2020.01.15 2019고단156
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 27, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 29, 2014, the same court issued a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts】

On April 30, 2019, at around 15:50, the Defendant driven B Obba while under the influence of alcohol content of about 0.201% without obtaining a driver’s license from the front side of the entrance of the Yangyang Airport located in 201 at the port of Yangyang-gun, Yangyang-gun to the national highways No. 7 in front of the midwife distance in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, investigation report (report on the circumstances of drinking-driving drivers), the register of driver's licenses for automobiles, and photograph of the certificate of disuse of two

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of criminal records of the same kind of punishment) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, the age of the defendant, the blood alcohol concentration level of the defendant at the time of the instant case, and the circumstances after the crime.

The defendant's mistake is recognized as favorable circumstances.

Unfavorable circumstances:

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