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(영문) 춘천지방법원 원주지원 2019.08.28 2019고단526
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 13, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on August 13, 2007, and on March 16, 2018, the Defendant had the record of being issued a summary order of KRW 2 million for the same crime in the same court.

【Criminal Facts】

On April 27, 2019, while under the influence of alcohol at 0.149% of blood alcohol level, the Defendant driven C Lastren car without obtaining a driver’s license in a section of about 2 km from the front of the original city B apartment to the original city at the original city.

As a result, the defendant violated the prohibition of drinking driving twice, but did not obtain a driver's license and violated the prohibition of driving driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, field photographs, the register of driver's licenses, and investigation reports;

1. Application of statutes concerning criminal records;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning the crime

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) may be attached to the defendant, and each of the crimes of this case shall be taken into consideration all the circumstances, such as the nature of the crime and the significant criminal situation, in light of the drinking alcohol, the method and so on. However, there is no sentence imposed on the defendant due to the same kind of crime, and the defendant has a depth of his mistake, and the social relation of the defendant is obvious, and the motive and circumstances of each of the crimes of

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

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