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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단283
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 12, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the early branch of the Chuncheon District Court. On September 12, 2015, the Daejeon Prison completed the execution of the sentence.

[Criminal facts] On March 12, 2016, the Defendant passed through a road in front of the Jinsan-gu, Oi-dong, Oi-dong, Oi-dong, Oi-dong, Oi-ri, which is located in the Gi-ri, Mung-ri, Gi-ri, Jin-si, Gi-si, Gi

In the 20km section from the 20km section to the roads of the Kuk Kuk Center in which the Keuk-gu school is L, the vehicle was driven without the driver's license of the vehicle and with the alcohol concentration of 0.101% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning investigation reports (Attachment of judgment and repeated crime);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes, and the fact that there was a history of having been sentenced several times due to driving without a license, but it does not cause an accident to commit a crime during the period of repeated crimes, and it reflects the crime as a simple drinking or non-licensed driving matter

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