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(영문) 춘천지방법원 영월지원 2017.02.14 2016고단388
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 30, 2014, the Defendant was charged with summary order of a fine of KRW 2 million on June 22, 2016 with the same crime in the support of the Youngcheon District Court in the Youngcheon District Court on June 30, 2014.

Criminal facts

On August 22, 2016, the Defendant driven C Daelim 125CC under the influence of alcohol concentration of about 0.203% without obtaining a bicycle license from the 3km section from the front of the dong River located in the Haak-gu, Young-gu, Young-gu, Gangwon-gu, Gangwon-gu, Seoul to the lower part of B studio.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of the driver in charge of drinking and notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on the confirmation of criminal history of the same kind of crime);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. For the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing is highly high, the alcohol concentration among blood for the reason of sentencing under Articles 53 and 55(1)3 of the Act has the record of being punished for six times due to drinking and non-licenseing, the circumstances, such as the non-licensed driving and non-licensed driving during the suspension period of the execution of the sentence due to the crime, which are disadvantageous to the court, even if he was sentenced to a fine during the suspension period of the execution of the sentence, and the fact that he/she did not have any criminal record exceeding the fine due to the same crime, and other favorable circumstances, such as the defendant's age, sexual behavior, environment, motive, means, method, and consequence of the crime in this case, and the circumstances before and after the crime, etc., the sentence shall be determined as ordered by the text of the disposition.

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