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(영문) 춘천지방법원 영월지원 2019.07.23 2019고단187
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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] The Defendant was sentenced to a fine of KRW 7 million on August 24, 2018 from the Youngcheon District Court's Young Branch Office of Chuncheon on June 10, 2009 on the grounds of the violation of the Road Traffic Act, and was sentenced to a fine of KRW 7 million for the same crime, etc.

【Criminal Facts】

On 07:45 on 03.05.03., the Defendant driven a e-learning car without a vehicle driver's license from 0.082% of 0.082% of her blood alcohol content to 'D' in front of 'D' in the same city from the Do adjacent to the B B market at the time of the Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, notification on the results of the control of drinking driving, the register of driver's licenses, making inquiries into the motor vehicle, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant provisions of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018), Article 148-2 (1) 1, and Article 44 (1) (the point of sound driving) of the same Act concerning criminal facts, and subparagraph 1 of Article 152 and Article 43 (1) of the Road Traffic Act (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of punishment: Imprisonment with prison labor for a period of six months to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant was driving a vehicle under the influence of alcohol concentration of 0.082% while his/her license was revoked due to a drunk driving.

In June 10, 2009, the Defendant had a record of being punished for a fine of KRW 7 million on August 24, 2018 due to the crime of drunk driving.

The above blood alcohol concentration, driving distance, contents and interval of previous punishment power, and the defendant's age, character and conduct, family relationship, motive and means of crime.

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