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(영문) 춘천지방법원 강릉지원 2018.10.26 2018고단796
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a fine of 700,000 won to a crime of violating road traffic laws at the Gangnam Branch of the Chuncheon District Court on January 10, 2007, and on September 16, 2013, the same court issued a fine of 1,50,000 won to the same crime. On December 9, 2013, the same court was issued a fine of 6 million won to a crime of violating road traffic laws (drinking), and on November 16, 2017, the same court was sentenced to the suspension of the execution of imprisonment of 8 months for a crime of violating road traffic laws (drinking), and on November 24, 2017, which became final and conclusive on November 24, 2017.

[Criminal facts] On June 26, 2018, the Defendant driven a Clearning car under the Defendant’s name while under the influence of alcohol concentration of about 0.083% without a driver’s license at the section of approximately 2.5 km from the parking lot of the Southern High Water Site located in Gangnam-dong, Chungcheongnam-si, Chungcheongnam-si, to the front intersection of the Southern High Water Site located in about 65 km-si, Gangnam-si.

As a result, the defendant was punished for driving under drinking not less than twice, and was driving under drinking again, the summary of evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report, notification on the results of regulating the driving of drinking, and the register of driver's licenses;

1. Previous convictions: Application of a written inquiry about criminal history, a criminal report (verification of the criminal suspect's driving records), a criminal investigation report (a confirmation of the records of the same type of crime and a suspended execution period);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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;

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