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(영문) 춘천지방법원 2015.05.12 2014고단316
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 13, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Chuncheon District Court on October 13, 201, a fine of 3 million won for a violation of the Road Traffic Act (driving) in the same court on November 4, 201, and a fine of 5 million won for a violation of the Road Traffic Act (driving) in the same court on August 22, 2012, respectively. On September 12, 2013, the Defendant was sentenced to a summary order of 5 million won by the same court on September 12, 2013, and was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on September 24, 2013, and the said judgment became final and conclusive on September 24,

Criminal facts

On April 11, 2014, at around 23:28, the Defendant driven a motor vehicle with low alcohol content D while under the influence of alcohol of about 50 meters, without a driver’s license, from a section of approximately 50 meters, from the front of the road in Chuncheon City master’s zone, to the front of the front of the front of the Jindo Apartment apartment located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on driving;

1. License register;

1. Previous records of judgment: Criminal records, inquiry reports, criminal investigation reports (report accompanied by a copy of judgment), and application of Acts and subordinate statutes governing judgment;

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

1. When considering the following: (a) Articles 40 and 50 of the Criminal Act for ordinary concurrences and selective sentencing of a sentence (Punishment prescribed for a crime that has heavier penalty); (b) Articles 40 and 50 of the Criminal Act for sentencing of imprisonment for sentencing, the Defendant, who was sentenced to imprisonment on September 12, 2013, has a lot of criminal records of crimes subject to punishment for drinking driving even though he/she was sentenced to imprisonment for a two-year suspended sentence for violating the Road Traffic Act on September 12, 2013; and (c) Articles 40 and 50 of the Criminal Act for which the sentence is suspended

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