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(영문) 춘천지방법원 2015.04.09 2015고단22
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 17, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on October 31, 2012 from the same court.

On December 24, 2014, at around 22:50, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.229% without a vehicle driver’s license from around the 2km section of the Gangwon National University, which was located in the Dong-si, Chuncheon City to the front day of the Gangwon National University in the same city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the criminal defendant has committed the crime in depth, and that the criminal defendant raises two children alone);

1. Article 62 (1) of the Criminal Act (Reasons for Discretionary mitigation);

1. In light of the fact that the defendant for sentencing under Article 62-2 of the Probation Criminal Act was sentenced to a fine twice due to drinking and driving without a license despite being sentenced to a fine, and that the principal crime of drinking and driving without a license was committed at the same time, and that the blood alcohol level at the time of driving is very high, the defendant should be punished with strict punishment.

(b).

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