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(영문) 춘천지방법원 속초지원 2017.11.22 2017고단150
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the early branch of the Chuncheon District Court on February 14, 2016 and completed the execution of the sentence in the Gangnam Prison.

1. On July 24, 2007, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act by the above court on July 24, 2007, and on August 14, 2013, by imprisonment with labor for the same crime in the same court on August 14, 2013, and two years of suspended execution, respectively.

around 18:31 on February 24, 2017, the Defendant, while under the influence of alcohol at least twice due to drinking, driven a B B driver’s vehicle from around 150 meters in the 150-meter radius from the 11st beach road in Gangwon-do, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, to the 185 front road in the Eup/Myeonn Sea basin, while under the influence of alcohol at least twice.

2. Violation of the Road Traffic Act (unlicensed Driving) Defendant 1 driven the said small-scale car without obtaining a driver’s license from the 10km section of the 10km road from the front day of the Gosung-gun, Gosung-gun to the front day of the said Sinsung-gun, Jin-gun, the same Gunn-gun, via the representative of the said Sinjin-gun, to the 185-day road

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, inquiry into the results of drinking control, and the ledger of driver's licenses of motor vehicles (A);

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is that the defendant recognized all of the instant crimes and reflects the fact, and the driving distance is not long.

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