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(영문) 춘천지방법원 영월지원 2018.06.12 2018고단146
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

On October 5, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating road traffic laws (drinking driving) from the Youngcheon District Court’s Young-gu branch on October 5, 2012. On August 26, 2016, the Defendant received a summary order of KRW 5 million for the same crime in the same court.

On March 31, 2018, the Defendant driven two cargo vehicles at B while under the influence of alcohol content of about 0.261%, without obtaining a driver’s license, on the front side of “10-day senior citizens 1,00,000,000,000,000 from the front side of “1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000:

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of control of a driver without a license for drinking;

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 (Attachment of the previous summary order) and summary order, five copies of the five-minute statute;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant is recognized to commit each of the crimes of this case, favorable circumstances such as the fact that the defendant has no record of punishment in excess of the fine, unfavorable circumstances such as the defendant's character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime of this case, etc., and comprehensive consideration of all the conditions for sentencing indicated in the records of this case shall be determined as ordered.

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