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(영문) 춘천지방법원 2015.08.25 2015고단617
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2015, the defendant was issued a summary order of a fine of two million won by the Chuncheon District Court for a violation of the Road Traffic Act (unlicensed Driving) on the other hand, and the records of the violation of the Road Traffic Act are more than eight times.

1. On June 5, 2015, at around 23:30 on June 5, 2015, the Defendant driven the CM7 car without a car driver’s license for about 4 kilometers from the Defendant’s house located in Chuncheon-si to the front side of the west-gu west-dong apartment at the same time.

2. On June 6, 2015, at around 05:30 on June 6, 2015, the Defendant, without a car driver’s license, driven a vehicle listed in the foregoing paragraph (1) while under the influence of alcohol with approximately 4 kilometers of approximately 0.122 percent of alcohol content around the CUE in front of the Yancheon-si, Yancheon-si, Yandong-si, Yandong-si, Seoul, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on April 9, 2015, the Defendant committed the instant crime even though he/she had been subject to a fine of two million won due to a driving without a license on April 9, 2015, and a fine of four million won due to a driving without a license on May 2, 2014.

On the other hand, the fact that the defendant has no criminal record exceeding a fine, the fact that he/she is expected not to repeat the crime while making a confession of all the crimes, and the defendant's age, occupation, family relationship, etc. are also determined by taking into account the various sentencing conditions shown in the arguments of this case

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