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(영문) 춘천지방법원 강릉지원 2018.07.26 2018고단519
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On September 27, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court on September 27, 2017, a summary order of KRW 1 million for a crime of violating road traffic law (unlicensed driving) in the above court on July 1, 2016, and on December 15, 2015, the above court issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving).

[2] On June 16, 2018, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol twice or more, driven a B-hand car with alcohol concentration of about 0.19% under the influence of alcohol in the blood, without obtaining a driver’s license from around 200 meters in the section of about 200 meters, from the front day of the Man New Airport, which was located in the East Sea at around 19:10 on June 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking and non-licensed driving records), and summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

Unfavorable circumstances: The recent years, the fact that drinking or non-licensed driving is repeatedly prevented, and the circumstances that are favorable to the fact that drinking values are very high: The confession and the fact that his mistake is divided exceeds the fine.

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