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(영문) 춘천지방법원 속초지원 2018.02.07 2017고단298
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 December 26, 2013, the Defendant issued a summary order of KRW 4,50,000,000 as a fine for a violation of road traffic law in the early branch of the Chuncheon District Court on December 26, 2013, and on October 31, 2007, the Defendant received a summary order of KRW 2,00,000 as a crime of violation of road traffic law (drinking driving) at the same court on October 31, 2007 and has a total of four times of drinking driving skills.

On May 20, 2017, at around 21:35, the Defendant driven C-do under the influence of alcohol concentration of about 0.085% from the 10km section to the front road of the military unit located in the same Dogjin-si in the same Dogjin-si, Jinpo-si, Jin-si, 476 on the 476th day of the same day, the Defendant driven C-dog under the influence of alcohol concentration of about 10km.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving a drinking again in violation of the above provision.

On December 9, 2017, 2017, the Defendant driven a cchip car without obtaining a driver’s license from around about 10km to the front road of the elementary church, which belongs to the same way as the next day, around 09:50 on the same day, from the front of the agricultural and industrial complex located in the ancient-gun of the Gangwon-do, Gangwon-do, Gangwon-do, Seoul-do, at around 08:50 on December 9, 201.

Summary of Evidence

"2017 Highest 298"

1. Statement by the defendant in court;

1. Reporting on the arrest of the case and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the previous summary order) and a summary order "2017 order 494";

1. Statement by the defendant in court;

1. To arrest and report cases and to apply Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol) of the Road Traffic Act, Article 152 subparagraph 1, and 43 (the point of unauthorized Driver's License) of the Road Traffic Act, and the selection of imprisonment for each sentence concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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