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(영문) 춘천지방법원 2018.10.11 2018고단774
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 27, 2012, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (refluence of drinking), and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (refluence of drinking), on December 28, 2012. On July 3, 2017, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (refluence of drinking), and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (refluence of drinking) at the Chuncheon District Court on July 3, 2017.

Nevertheless, on June 26, 2018, the Defendant driven a Boper car from the 4km section of Dongdaemun-gu Seoul, to the 17-ro, Dongdaemun-gu, Seoul, in which it is difficult to identify the trade name near the station of a private house located in Seoul Jung-gu while under the influence of alcohol content of 0.105% without obtaining a driver's license for a motor vehicle and at the same time, it is difficult to identify the trade name near the station of a private house located in Seoul Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to inquiries, such as a statement on the circumstances of drivers working at the main driver, investigation reports (report on the circumstances of drivers working at the main driver), ledger of driver's license of motor vehicles, criminal history, etc., investigation reports (former and attached rulings

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;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures are as follows: (a) the Defendant has a record of committing an offense subject to punishment not less than five times due to driving without a license, and (b) the Defendant has a record of committing an offense subject to punishment due to a fine due to driving without a license even in around 2017; (c) in particular, even though there was a record of offense subject to punishment due

However, the defendant seems to be contradictory to all of the crimes of this case.

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