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(영문) 춘천지방법원 2020.05.21 2020고단28
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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] The defendant has a record of being issued a summary order of KRW 1 million as a fine for the same crime in the field of violation of the Road Traffic Act at the Youngcheon District Court's Young-gu branch on October 11, 2019, and on September 20, 2007, from the Young-gu branch of Chuncheon District Court's Young-gu branch on September 20, 2007.

【Criminal Facts】

On December 11, 2019, the Defendant, without obtaining a driver’s license at around 20:20 on December 20, 2019, driven a motor vehicle with Dhigh-est estest D in the section of about 15km from the front of the “C” restaurant located in Hongcheon-gun, Hongcheon-gun, Seoul, to the class of the class of the Gangseo-gun, Gangwon-do, Gowon Pyeong-ro 328, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined with the consideration of all the sentencing conditions, including the defendant's previous convictions, frequency, distance, punishment details, the numerical value of blood alcohol concentration of this case, the circumstances after the crime was committed, etc. with the reason of sentencing under Article 62-2 of the Criminal Act;

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