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(영문) 춘천지방법원 2015.09.24 2015고단527
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 13, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on January 15, 2010. On January 13, 2011, the Defendant was sentenced to a fine of KRW 3 million by the same court on January 13, 201, and was sentenced to a fine of KRW 3 million by the same court on January 13, 201.

On March 21, 2015, the Defendant driven a two-wheeled vehicle with a degree of less than 50cc from approximately 100 to the front road of Chuncheon in the same side from the front of Chuncheon City to the intersection of bachelor’s distance in front of the road, without obtaining a motorcycle driver’s license at around 14:50 on March 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current state of the driving of a motor vehicle in violation of the Road Traffic Act (driving or non-licenseing);

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (informating a copy of the judgment), statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant has been sentenced to a fine on three occasions due to drinking or driving without a license. The defendant has no criminal record of the suspension of the execution due to drinking or driving without a license, the defendant has been unaware of having been unable to receive almost in the family environment where it is difficult for the defendant, and the defendant has now lives poor on his own.

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