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(영문) 춘천지방법원 2018.03.07 2018고단36
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 4, 2013 and May 31, 2016, the Defendant is punished by a fine of three million won for each of three million won as a crime of violating the Road Traffic Act at the Chuncheon District Court.

On December 17, 2017, at around 03:41, the Defendant: (a) driven a car while under the influence of alcohol with approximately 0.217% alcohol concentration in blood without a driver’s license in the section of approximately 1.5km from the street in front of the public parking lot of “Sacheon-si”, which is in the master’s degree of Chuncheon City, to the street in front of the same city-based retirement route; and (b) drive the car without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of driving without a license, making a statement on the circumstances of a driver driving, making inquiries about the results of regulating drinking, and making inquiries about driver licenses;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records that the Defendant was punished for drinking in 2013 and 2016 of the Act. In 2016, the Defendant was not aware of the fact that he was punished for driving without a license even though he had the record of being punished for driving without a license, and the nature of the crime was poor by driving while under the influence of a motor vehicle at night. The Defendant’s previous criminal act of the same kind, the blood alcohol concentration exceeds 0.1% at the time of the instant criminal act, and the blood alcohol concentration exceeds 0.217% at the time of the instant criminal act. The Defendant committed the central line in the course of the instant criminal act, and the Defendant committed an illegal internship, which is disadvantageous to the Defendant.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, and the crime of this case is simply drinking and drinking.

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