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(영문) 춘천지방법원 강릉지원 2015.07.23 2015고단617
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 26, 2012, the Defendant received a summary order of KRW 6 million as a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on October 26, 2012, and on March 20, 2015, the Defendant was sentenced to imprisonment for one year with labor for a crime of violating the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court on March 20, 2015, and the judgment became final and conclusive on May 8, 2015.

On May 3, 2015, the Defendant, without obtaining a driver’s license on May 13, 2015, driven a DNA car from approximately 1.6 km to CU convenience road in front of the CU convenience point in the cU convenience in the cU convenience of the 0.248% under the influence of alcohol.

Accordingly, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition of drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (report on the results of confirmation before and after disposition, and previous convictions and confirmations of the same kind);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, the fact that the defendant commits the instant crime after being sentenced to a suspended sentence of imprisonment for the same kind of crime and the public prosecutor’s appeal is dismissed, and other circumstances, including the defendant’s age, character and conduct, environment, motive, background, means and consequence of the instant crime, and the circumstances after the commission of the crime, shall be determined as per the order, comprehensively taking into account;

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