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(영문) 춘천지방법원 2018.10.25 2018고단846
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 August 25, 2016, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on August 25, 201, and a summary order of KRW 1.5 million for the same crime at the same court on October 7, 201.

On August 9, 2018, around 15:55, the Defendant driven BM5 automobiles with alcohol content 0.148% while under the influence of alcohol while under the influence of 0.148% during blood, without a driver’s license, from the front side of the Chuncheon-si Automatic Market to the road in front of the same city transportation distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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 the following: (a) the Defendant has a criminal record of being punished for driving under drinking not less than three times, not less than two times due to driving without a license; (b) in particular, the Defendant has a criminal record of being punished by a fine for driving without a license in 2016; (c) even though there was a criminal record of being punished by a fine due to a driving without a license in 2017, he/she has driven under the influence of drinking in the license without

However, the defendant seems to have shown his attitude to reflect when he led to the crime of this case, and seems not to cause damage to the additional accident, and is punished by imprisonment with prison labor or more due to drinking or non-licensed driving.

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