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(영문) 춘천지방법원 영월지원 2017.10.24 2017고단342
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 history] On May 21, 2007, the Defendant received a summary order of KRW 2 million as a fine of KRW 1 million for a violation of road traffic laws in the Youngcheon District Court’s monthly support, and on September 22, 2016, on September 22, 2016, the Defendant received a summary order of KRW 4 million for a violation of road traffic laws (driving alcohol).

[2] On August 2, 2017, the Defendant driven a BS-type car under the influence of alcohol concentration of about 1.12% without a driver’s license from the section of around 1.1km to the JC private road located in the same Myeon-ro rental route, which is located in the direction of the Myeongyeong-gun rental house of Gangseo-gu, Seoul Special Metropolitan City around 01:20 on August 2, 2017, while under the influence of alcohol concentration of about 0.12% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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. Investigation report (related to the application, etc. of the above drone mark with alcohol concentration in the blood);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order of the same kind of case as the suspect), and a summary order;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for the defendant's order to attend school recognized each of the crimes of this case, the favorable circumstances such as the fact that the defendant has committed a mistake, the fact that he has no record of punishment in excess of the fine, the defendant has a record of being punished twice for the same crime, and other unfavorable circumstances such as the defendant's age, sex, environment, motive, means, method, and consequence leading to the crime of this case, and the circumstances before and after the crime of this case shall be determined as ordered by taking into account all the factors of sentencing as shown in the records of this case.

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