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(영문) 춘천지방법원 2018.04.16 2018고단147
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 May 12, 2016, the Defendant was punished by a fine of KRW 5 million for a violation of the Road Traffic Act at the Chuncheon District Court on May 12, 2016, for a violation of the Road Traffic Act, and KRW 4 million for a violation of the Road Traffic Act at the Chuncheon District Court on August 28, 2017.

On January 25, 2018, the Defendant driven C C CT 100cc albane under the influence of alcohol concentration of about 0.121% in blood without a driver’s license from a distance of about 15 km to the front road of the gas station in front of the gas station in the same side from the Do in front of the Kancheon-gun, Hancheon-gun, the Republic of Korea on January 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Each of the crimes of this case committed each of the crimes committed by the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the crime of violation of the Road Traffic Act (driving without a license), 2016, 202, 2016, 2016, and 2017 as the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license). At the time of the crime of this case, each of the crimes of this case was committed. The alcohol concentration at the time of the crime of this case was higher than 0.121%, and the alcohol concentration at the blood while the previous crime of drinking was high or higher than 0.295% and 0.148% as at the time of the crime of driving under the influence of alcohol in the past, and the Defendant was also a disadvantageous element to the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case is shown.

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