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(영문) 춘천지방법원 강릉지원 2018.11.30 2018고단982
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

[criminal history] On March 3, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on June 30, 201, the same court received a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), and on June 30, 201, respectively, two times more of the criminal records.

[2] Although the Defendant had been punished for committing a violation of the Road Traffic Act on more than two occasions, on September 15, 2018, the Defendant, without obtaining a driver’s license on around 18:58 on September 15, 2018, driven a C-A-A-hur-hur-hur-hurged vehicle with a alcohol level of about 1km from the 1km section to the port of Gangseo-gu Seoul Special Metropolitan City from the 3rd-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hur

Summary of Evidence

1. Statement by the defendant in court;

1. Driving without a license for the actual survey report; and

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (Attachment of a summary order (Attachment of the summary order) - Application of the Act and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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