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(영문) 춘천지방법원 2019.06.27 2019고단274
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On July 10, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act, and was sentenced to imprisonment for 6 months for a violation of the Road Traffic Act on March 28, 2013 and a suspended sentence of two years for a violation of the Road Traffic Act on two occasions.

【Criminal Facts of Crimes】 A person who has violated the regulations on prohibition of drunk driving twice or more on February 18, 2019, the Defendant driven Done Star vehicle under the influence of alcohol 0.117% under the influence of alcohol without obtaining a driver’s license in the section of about 1km from the back route of Cmiddle School in Gangwon-si, Gangwon-si to the front route of the Gangwon Provincial Police Agency located in the same city to the front direction of the Gangwon Provincial Police Agency located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. On-going statement reports, investigation reports, ledger of driver's licenses, chassis, inquiry into the results of crackdown on drunk driving, criminal history records, inquiry reports (verification of criminal records of the same kind), written judgments, copies of criminal investigation reports (verification of criminal records of the same kind), and application of Acts and subordinate statutes to report on criminal investigations;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. shows the attitude of the Defendant, who recognized all of his criminal offenses, and the fact that any additional damage was not incurred due to drunk driving and driving without a license, etc. are favorable to the Defendant.

However, the defendant is driving at least twice.

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