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(영문) 춘천지방법원 2016.04.08 2015고단1022
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant 20:02, Sept. 22, 2015, Defendant 102, without obtaining a driver’s license for a motor vehicle on or around 00:02 on or around September 22, 2015, driving a motor vehicle with B low-speed string from approximately 300 meters in the section of approximately 300 meters to the front road of the mid-top square in the same Dong, in the condition of 0.185% alcohol concentration in blood.

2. The defendant 2015 high group 1129 is a person driving a mountain pet vehicle B.

On July 21, 2015, the Defendant driven the above vehicle at a level of 300 meters from the front side of Chuncheon-si Macheon-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si, to 38 ahead of Mancheon-si Man-si.

Summary of Evidence

[2015 Highest 102]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. A driver's license inquiry letter (2015 Height 1129);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the circumstantial statements of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (referring to driving without a license);

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

1. Selection of each sentence of imprisonment;

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

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 include: (a) the Defendant’s main working level is considerably high at 0.185% and 0.143%; (b) the distance of the Defendant’s driving under the influence of alcohol in this case has not reached 300 meters, respectively; and (c) the Defendant committed the instant crime without being aware of the fact that the Defendant had a record of being punished for a fine due to driving under the influence of alcohol on April 18, 2013; and (d) the Defendant committed the instant crime without being aware of it, which is disadvantageous to the Defendant.

On the other hand, there are additional risks, such as the fact that the defendant's mistake is divided and reflected, and the traffic accident during the driving of this case occurs.

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