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(영문) 춘천지방법원 2015.10.29 2015고단848
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 two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 7, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act, and a fine of KRW 2 million as a same crime in the same court on January 20, 2014.

On August 19, 2015, the Defendant, without obtaining a driver’s license on August 21, 2015, driven a B-purd vehicle from the 1k-purged area to the 1k-purg village entrance of the same Sin-dong from the front of the Taecheon-si, Chuncheon-si, the level of alcohol content of which is 0.13% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 fact that the reasons for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order are the accused's previous convictions for three times due to drinking driving, and that there is no criminal conviction or more than a suspended sentence, and that it reflects the crimes.

The punishment shall be determined by combining them.

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