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(영문) 춘천지방법원 2016.11.10 2016고단826
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 30, 2013, the Defendant was sentenced to a fine of 8 million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on January 30, 2013, and on October 22, 2015, the same court was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving). On October 22, 2015, in addition to a suspended sentence of 2 years, the same electric power has more than ten times, and on December 16, 2015, the Defendant was sentenced to imprisonment with prison labor for a special obstruction of performance of official duties, etc. and completed the execution of the sentence in the Chuncheon Prison on March 8,

On June 16, 2016, at around 08:26, the Defendant driven C Poter II truck under the influence of alcohol concentration of about 0.054% without obtaining a driver’s license from approximately 17km section to the front road of the new junk-ro 194, in front of the new junk-ro 194, in front of the Defendant’s house located in Gangwon-do, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of repeated crimes), investigation reports (Attachment to the same type of judgment, etc.), and application of Acts and subordinate statutes during the period of suspended execution of sentence;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant’s blood alcohol concentration at a relatively low level of 0.054% is the sentencing factors favorable to the Defendant.

However, there are many previous charges against the defendant, and in particular, the fact that the defendant committed the crime of this case without being aware of the same criminal record during the period of repeated crime and during the period of suspended execution due to the same criminal record is an unfavorable sentencing factor against the defendant

otherwise, the age of the defendant;

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